Unsafe property claims
Slip-and-fall case information
A fall on someone else’s property does not automatically create a claim. These matters often depend on the dangerous condition, who controlled the property, how long the hazard existed, and whether reasonable steps were taken to correct or warn about it.
Understanding the claim
What must be considered after a fall?
Property-related injury claims commonly focus on whether the owner, tenant, manager, contractor, or another party knew—or reasonably should have known—about a dangerous condition.
Video footage, inspection schedules, cleaning records, incident reports, photographs, prior complaints, weather records, witness statements, and maintenance contracts may help show how the hazard developed and how long it existed.
The condition may be repaired, cleaned, or removed soon after the incident. Capturing the scene and requesting that relevant video and records be preserved can be especially important.
Details that can change the direction of a claim.
Notice of the hazard
A central question is often whether the responsible party created the condition, actually knew about it, or should have discovered it through reasonable inspection.
Control of the property
An owner, tenant, property manager, maintenance company, snow-removal contractor, or other business may control the area where the fall occurred.
Open-and-obvious defenses
Property defendants may argue that a hazard was visible and avoidable. Lighting, distractions, warnings, layout, and the reason a person encountered it can matter.
Government property
Falls on public sidewalks, transit property, or government buildings can involve special notice requirements and much shorter deadlines.
Filing and notice periods vary by state and circumstance. A specific deadline cannot be determined from general website information.
Potential losses
What documentation may need to show.
The available categories depend on state law, proof, insurance, employment records, medical evidence, and the facts of the incident.
- Emergency care and diagnostic testing
- Surgery, therapy, and mobility equipment
- Lost wages and work restrictions
- Pain and reduced daily function
- Future treatment and assistance needs
- Documented out-of-pocket expenses
Common situations
Cases can include
- Wet or recently cleaned floors
- Ice and snow hazards
- Broken stairs or missing handrails
- Uneven pavement and potholes
- Poor lighting
- Loose rugs or floor mats
- Merchandise and aisle obstructions
- Building-code violations
Medical impact
Reported injuries include
- Hip and pelvis fractures
- Wrist and arm fractures
- Knee and ankle injuries
- Back and neck injuries
- Head injuries and concussions
- Shoulder injuries
- Cuts and scarring
- Permanent mobility limitations
Important next steps
What to preserve after a slip-and-fall.
Report the incident
Tell the property owner, manager, or employee what happened and request a copy or identifying number for any incident report.
Photograph the exact condition
Capture the hazard, surrounding area, lighting, warning signs, footwear, and wider views showing where the fall occurred.
Identify witnesses and cameras
Collect witness contact information and note visible surveillance cameras before footage is routinely overwritten.
Keep clothing and records
Preserve the shoes and clothing worn, medical records, bills, work notes, and communications from the property or insurer.
Frequently asked questions
Is a property owner automatically responsible when someone falls?+
No. A claim generally requires evidence connecting an unsafe condition and the responsible party’s acts, knowledge, or failure to inspect or warn.
What if there was a warning sign?+
A sign can be relevant but does not always resolve the issue. Its location, visibility, wording, and whether it reasonably addressed the hazard may matter.
What if I fell at work?+
Workers’ compensation may apply. A separate property claim may also be possible when someone other than the employer controlled or created the hazard.
How long is surveillance video kept?+
Retention varies widely and some systems overwrite footage within days or weeks. Early identification and preservation can be important.
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