How to File a Slip and Fall Claim
A fall in a store, restaurant, apartment complex or parking lot can cause serious injuries, but a fall alone does not prove a claim. The question is whether the property owner knew, or should have known, about the hazard and failed to fix it or warn you. The evidence that answers that question often disappears within hours. This guide explains what to do at the scene, how the claim works and the rules for falls on business and public property.
What happens when you reach out
- You tell us what happenedSend the short form or call. It takes about a minute, and you share only what you are comfortable with.
- A claim specialist reviews itWe look at your deadlines, the insurer or agency involved, and the records your claim will need.
- We call you backUsually the same day, to explain your options. There is no cost and no obligation.
Prefer to talk now? Call (833) 333-0905 or text 954-933-5065.
Find out if your fall is a claim
Tell us where and how you fell. A claim specialist reviews it and calls you back, usually the same day.
Legal Lawsuit is not a law firm. Contacting us does not create an attorney-client relationship.
On this page
At the scene
Falls are common and serious: the CDC reports that more than one in four older adults falls each year, and that falls by older adults lead to about 4.5 million emergency department visits (CDC). If you can, before you leave:
The spill, the broken step or the poor lighting, from several angles, with something in the frame to show size. Include your shoes.
Tell the manager or landlord and ask for a copy or the report number. Write down the name of the person you spoke to.
Other customers or employees who saw the fall or the hazard before it.
Note where cameras are, and send a written request to preserve footage as soon as possible.
What the claim has to show
A property owner is not automatically responsible for every fall. In most states a claim needs to show that:
- there was a dangerous condition on the property
- the owner or its employees created it, or knew or should have known about it in time to fix it or warn people
- the condition caused the fall and your injuries
The "should have known" part is where most claims are won or lost. Evidence that a spill had been there a long time, such as footprints, cart tracks or dried edges, or that the same problem happened regularly, can prove it. Your own care matters too: many states reduce a recovery by the injured person's share of fault.
Business and public property rules
| Situation | Rule | Source |
|---|---|---|
| Florida, spill or substance in a business | The injured person must prove the business had actual or constructive knowledge of the condition and should have acted. Constructive knowledge can be shown by evidence that the condition existed long enough that the business should have known, or that it occurred with regularity. | Fla. Stat. §768.0755 |
| Florida, filing deadline | 2 years for a negligence lawsuit | Fla. Stat. §95.11(5)(a) |
| California, public property | A public entity is liable for a dangerous condition of its property if, among other things, an employee created it or the entity had actual or constructive notice in time to protect against it. | Cal. Gov. Code §835 |
| California, public property deadline | Most personal injury claims against a public entity must be presented to it within six months | Cal. Gov. Code §911.2 |
Falls on sidewalks, in government buildings and in public parks usually fall under these public-entity rules. Florida's notice and payment limits for public bodies are in Fla. Stat. §768.28.
The claim, step by step
Get treated and keep records
See a doctor promptly and follow the treatment plan. Gaps in care are the most common reason insurers reduce fall claims.
Send a preservation letter
Ask the business or landlord in writing to keep video, incident reports, cleaning and inspection logs from the day of the fall.
Open a claim with the owner's insurer
The business or landlord usually has liability insurance. Give the facts, but avoid recorded statements about your injuries until you know their extent.
Document your losses
Medical bills, lost wages and out-of-pocket costs, with records.
Send a demand
Once your treatment is far enough along, send a written demand. See how to write a demand letter; the same structure works for fall claims.
Negotiate or file before the deadline
If the insurer will not pay fairly, a lawsuit must be filed before your state's deadline.
Common questions
I fell at a friend's house. Is that a claim?
It can be. Homeowner's insurance often covers injuries to guests, and making a claim is a claim against the insurer, not a lawsuit against your friend's savings.
The store says there was a warning sign. Does that end my claim?
Not necessarily. Where the sign was, whether it was visible and whether it was put out before or after your fall all matter.
I fell at work. Which claim do I file?
Usually workers' compensation. See our workers' comp claim guide. If a third party, such as a property owner other than your employer, caused the hazard, there may be a separate claim.
Does the claim review cost anything?
No. It is free. For other injury claims, see our personal injury claim guide.
Related claim guides
More step-by-step guides in this section:
Hurt in a fall?
Call (833) 333-0905 any time, or send the short form. A claim specialist will help you preserve evidence and check your deadlines.
Legal Lawsuit is an information and claim-review service, not a law firm, and does not provide legal advice. Contacting us does not create an attorney-client relationship. Premises liability rules vary by state and change over time; confirm what applies to you with a licensed attorney. Legal Lawsuit and TortAdvisor are under common ownership.
