What a slip and fall case is
A slip and fall claim is a premises liability case. The property owner or business operator failed to maintain reasonably safe conditions, and you got hurt as a result.
The law does not make property owners guarantors of your safety. It does hold them responsible for conditions they knew about or should have known about and failed to fix or warn you about.
What's at stake
Falls cause serious injuries, especially for older adults. Hip fractures, traumatic brain injuries, spinal compression, and shoulder tears are common and expensive to treat.
- Orthopedic surgery and rehabilitation
- Long-term mobility limitations
- Lost wages and lost earning capacity
- Pain and reduced quality of life
- Home modifications or assistive devices
How these cases work
1. Incident report and photos
If you can, report the fall to the business before you leave. Photograph the hazard and what shoes you were wearing. If you could not, we collect what we can from the scene as soon as we are hired.
2. Preservation letters
We demand the business preserve surveillance video, incident reports, maintenance logs, and inspection records. Without the letter, some businesses overwrite video in 30 days.
3. Investigation
We interview witnesses, obtain inspection records, and often hire a human factors expert for serious cases.
4. Demand and litigation
Property insurers often fight these cases harder than they should. We prepare them for trial.
The defenses you'll hear
Defense lawyers will argue the hazard was open and obvious, that you weren't paying attention, or that the business had no way to know about it. Each of those defenses can be beaten with the right evidence and the right experts.
The case starts the moment you fall
Footage gets overwritten. Incident reports get filed away. Witnesses scatter. If there is even a chance you might need to pursue this, call. We tell you honestly whether the facts support a case.