Slip and Fall Evidence Checklist: What to Save
Reviewed and sourced. Educational information only, not legal advice. How we research and review .
- Evidence in slip and fall cases can disappear quickly: spills get mopped, ice melts, lights get fixed.
- Photograph the exact spot, the surroundings, the lighting and your footwear as soon as you safely can.
- Ask for a written incident report and note the name of the person you reported it to.
- Notice matters: show, if you can, that the hazard was there long enough that the owner should have known.
- Keep medical records and bills together, and avoid casual statements that guess about fault.
A slip and fall claim often comes down to what can be shown, not what happened. The wet patch dries. The broken stair is repaired the next morning. The manager who saw it moves on. If you want to be able to explain what went wrong, the first hours matter.
This checklist is built around what a property owner is generally expected to do: use reasonable care to keep the property reasonably safe and warn of known dangers that aren't obvious. If you want that background first, read our guide to premises liability. This article is general information only.
Right at the scene
- Get help if you're hurt. Call for medical help if you need it. Your health comes first.
- Report the fall to a manager, landlord or property owner and ask them to write an incident report. Get the name and position of the person who takes it.
- Ask for a copy of the report, or at least the report number and date.
- Take photos, as many as you can. See the list below.
- Find witnesses and ask for names and phone numbers. Employees, customers and neighbors all count.
- Keep your shoes and clothing as they were.
What to photograph
| What | Why it can matter |
|---|---|
| The exact spot, up close and from a distance | Shows the hazard and where it was |
| The surroundings: signs, mats, cones | Shows whether warnings existed |
| Lighting, including any broken bulbs | Poor lighting can affect visibility |
| Floor surface, steps, handrails, edges | Shows condition and design |
| Your shoes | Shows what you were wearing |
| Your injuries, over time | Documents bruising, swelling and recovery |
Take a short video walking up to the spot as well. If you can't take photos because you're hurt, ask someone you trust to do it.
Show how long the hazard was there
A property owner is generally responsible when it knew about a hazard or it existed long enough that a reasonable owner would have found and fixed it. So note anything that suggests how long the condition existed: dirt, footprints or tracks in a spill, a leaking pipe, a broken tile that looks old, or a stair that employees seem to know about. Ask whether there were earlier complaints or a cleaning schedule, and write down what you were told and who said it.
Records worth asking about
- the incident report;
- surveillance video, which businesses often overwrite after a short time, so ask quickly;
- inspection, cleaning and maintenance logs;
- prior complaints or similar falls;
- the weather conditions, if the fall happened outside.
Often these are obtained through a formal legal request, so a preservation letter from an attorney can matter if the injury is serious.
Write it down while it's fresh
Within a day, write your own account: time, place, what you were doing, what you saw, who was nearby, and what anyone said. Keep it factual and avoid guessing about why it happened. A running note about symptoms and limits in daily life is useful too.
Medical care and records
See a medical professional soon after the fall, even if the injury seems minor, and tell them exactly how it happened. Keep every bill, record and prescription together. Gaps in treatment are often used to argue that an injury wasn't serious or wasn't caused by the fall.
Common mistakes
- Waiting days to report the fall.
- Not photographing the spot before it changes.
- Throwing out the shoes you were wearing.
- Posting about the fall or your activities online.
- Accepting a quick offer or signing a release before understanding your injuries.
Filing deadlines apply, and claims against government-owned property often need earlier notice. Use our deadline finder to start.
Frequently asked questions
Do I need to prove the owner knew about the hazard?
In many cases, yes, or that it existed long enough that the owner should have known. The exact rule depends on your state.
What if the store won't give me an incident report?
Write down the date, time and who you spoke with, and keep your own notes. Formal requests can be made later.
How soon should I report a fall?
As soon as you safely can, ideally the same day, and in writing if possible.
Can I use photos taken by a friend?
Yes. Photos by anyone who was there can help, along with their contact information.
Sources and references
- Invitee, Legal Information Institute, Cornell Law School (law.cornell.edu)
- Comparative negligence, Legal Information Institute, Cornell Law School (law.cornell.edu)
- Statute of limitations, Legal Information Institute, Cornell Law School (law.cornell.edu)
- Your state's official sources: the state legislature's online statutes, your state court system's self-help pages, and your state insurance department.
Edited by Mohammed Khalaf, site editor. Written from the official sources listed above. The editor is not an attorney, and this article is not legal advice.
This article is educational and is not legal advice. We are not a law firm and do not refer or recommend lawyers. Laws differ by state and change over time. Read our Legal Disclaimer and Editorial Policy.