Do not assume the fall proves responsibility
A fall on someone else’s property does not automatically establish a valid claim. The condition involved, responsibility for the property, reasonable care and the connection to your injury need investigation. In this video, attorney Norman Gregory Fernandez discusses common mistakes after a slip or trip. Focus first on safety and appropriate medical help, then preserve the facts if you can do so safely.
Document what actually caused the fall
Photograph the condition and the surrounding layout when possible. A close photograph of a substance may mean more when accompanied by a wider view showing its location, nearby displays or lighting. If you did not see the cause, say so. Do not identify a spill or defect simply because it seems likely. Your observations and later investigation should remain clearly distinguished.
Report and retain identifying details
Notify the responsible staff or property representative and request the incident information available to you. Record names, the location and approximate time. Obtain witness contact details if possible. A report can help establish that an incident was brought to someone’s attention, but it does not guarantee an admission or preserve every piece of evidence. Keep your own copies of messages and documents.
Preserve footwear, photographs and possible footage
Keep the shoes and clothing you were wearing in their existing condition and tell your attorney about them. Retain original photo and video files. Identify cameras that may have recorded the area and discuss preservation promptly, because footage can be overwritten. Do not assume a store will keep it indefinitely. Never create a reenactment and present it as an original image of the incident.
Give a consistent and truthful history
Describe symptoms and the mechanism of the fall accurately to providers and counsel. Explain uncertainty, preexisting conditions and treatment gaps honestly. Preserve existing social posts rather than deleting material that might relate to the claim, and ask counsel about handling relevant electronic information. Early review can help identify who controlled the location, what evidence is missing and which deadlines apply before a condition changes or witnesses become difficult to locate.
General information, not legal advice. Viewing this article does not create an attorney-client relationship. Outcomes and applicable requirements depend on the facts.
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