Falls are the second leading cause of unintentional deaths worldwide - next only to automobile accident-related deaths. Each year, about 684,000 individuals die from falls across the globe, with adults older than 60 being the most susceptible. In the US alone, there are about 3 million emergency department visits from the older population. One in every three of these visits has led to extended hospitalizations.
Among reported fall cases in the US, about 37% have been reported to have required additional medical treatments or restricted activity. Untimely slip and falls may result in injuries such as:
- Broken Bones
- Head Injuries
- Psychological Trauma
For individuals suffering from serious injuries, you may take further legal action if your suffering is caused by another party's negligence. Property owners, businesses, employers, event organizers, or even the government may be held liable for slip and fall accidents.
In 2023, the city of New York paid $739.6 million in settlements for all personal injury cases filed against them. With 24,162 reported tort claims, the city paid out an average of $30,610 per claim.
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What to Do Right After a Slip and Fall: Quick Checklist
If you or someone you know is injured in a slip and fall, take these immediate steps:
- Take photos and video of the hazard and surrounding area, including your shoes and any visible injuries, while still at the scene.
- Get witness names and contact info (and a brief written note or text summary of what they saw).
- Request a written incident/accident report from staff or property management and ask for a copy; if it's not given, note the name of the person who took it and the time.
- Seek prompt medical care, even if injuries seem minor; keep all records, receipts, and notes from each visit.
- Preserve shoes and clothing worn in the fall; do not clean or repair them.
- Request security/video footage by written notice to the property owner or manager as soon as possible, giving exact date, time, and location of the incident.
Slip and Fall Documentation Checklist
In slip and fall incidents, a person's health should remain the priority. Through personal injury claims, victims may be rightfully compensated for any injuries and damages they have incurred from an accident. Expert personal injury lawyers do their best to win cases so that slip-and-fall victims may recuperate in the best way possible.
At the same time, one can take some time-sensitive steps to strengthen their personal injury claim. They are as follows:
1. Document the scene
Take multiple photos and a short video of the exact hazard (wet floor, ice, broken step, poor lighting, etc.). Include a wide shot showing the hazard in context (e.g., next to a store name, stairwell, or building address). Capture any missing or inadequate warning signs, or poor lighting that obscured the hazard.
2. Gather witness information
Obtain full name, phone number, email, and a brief written statement from anyone who saw the fall or the condition before the fall. Note where each witness was standing when they saw the incident.
3. Report the incident to the owner/manager immediately
Notify the store manager, building superintendent, or other responsible party as soon as possible. This creates an official record, prevents claims of unawareness, and may prompt swift action to address the hazard. It's crucial for establishing timely notification. Ask for a copy of any written incident report and verify that it matches your description of the hazard and injuries.
4. Collect physical evidence
Keep your clothes and shoes unwashed. Keep the shoes and clothing worn in the fall; photograph them and store them in a safe place. Save any torn clothes, damaged items, or receipts from emergency transport or immediate treatment. These items may contain marks or substances that substantiate your account. They could be crucial if expert examination is needed later.
5. Secure video/surveillance footage
Send a written request (email or letter) to the property owner/manager, specifying:
- Date, time, and exact location of the fall
- Location of any cameras (e.g., ceiling corner, above register, door frame)
- A demand that the footage be preserved and not overwritten
Follow up if no response is received within a few days. Keep a copy of this notice and proof of delivery (email receipt, certified mail slip).
6. Record details promptly
Write down specifics like date, time, location, and circumstances while memory is fresh. Note any relevant factors like weather or lack of warning signs. Have yourself write a detailed, dated account of:
- Why you were at the location
- What you did immediately before the fall (e.g., walked straight, turned, looked away)
- The exact condition that caused the fall (water, ice, hole, loose tile, etc.)
Do not share this account publicly (e.g., on social media) until after legal consultation.
7. Obtain medical records and keep all documentation
Keep all documentation of injuries and treatments. Get copies of all:
- Emergency room records, imaging (X-ray, MRI, CT), and discharge summaries
- Primary care and specialist notes, physical therapy records, and prescriptions
- Diagnostic test results and any return-to-work notes
Keep a log of all medical visits, dates, and out-of-pocket expenses (copays, mileage, parking, home care). These establish the link between the accident and your injuries, crucial for any claims or legal action.
By following these steps, your legal team may be better equipped to fight for your claim. This also betters your chance at getting properly compensated.
Photo and Video Checklist for Hazard Proof
When photographing or videotaping the slip-and-fall scene, be sure to capture:
Hazard close-up
Take a clear shot of the exact defective condition (e.g., crack in tile, puddle of water, ice patch, loose mat, or oil spill). If possible, place a small ruler or object (like a pen) next to the hazard to show scale, and take a photo of the same object alone for reference.
Wide shot of the area
Take a shot from the path where you were walking, showing the hazard in context (e.g., wet floor near a grocery store entrance, icy sidewalk near a building number). Include enough background (store signage, building number, landmark) so the location can be identified without relying solely on your description.
Lighting and visibility
Take shots and videos showing the lighting conditions (e.g., dim hallway, shadowed stairwell, bright glare obscuring a wet floor). If the area uses motion-sensitive lights, note that in your written account and, if possible, take a video showing the lights turning on and off.
Signage and warnings
Photograph any "wet floor," "slow down," or construction signs, or show their absence. Capture the distance between the hazard and any warning sign to show whether the sign was adequate and visible.
Footwear and walking path
Take clear photos of your shoes from multiple angles (soles, sides, heels) while still at the scene. Trace the path you were walking (e.g., from the door to the fall spot), and photograph obstacles or narrow passages that may have contributed.
Time-stamped file
Ensure your phone or camera's date/time stamp is enabled so that photos and videos are time-stamped. If the device is not set correctly, note the exact time of capture in your written account.
Witnesses, Incident Reports, and Security Footage
Witnesses
Ask anyone who saw the fall or the condition before the fall to provide:
- Full name
- Phone number and email
- A brief written statement describing what they saw (e.g., "I saw the person slip on a puddle near the entrance at about 3:15 p.m.")
If the witness is not comfortable giving a full statement, at least obtain contact information and a short note or text confirming what they saw.
Incident report
Request a written report from the property manager, store supervisor, or building staff. Verify that the report includes:
- Date, time, and exact location of the fall
- Description of the hazardous condition (e.g., "wet floor near produce aisle," "icy patch on sidewalk")
- Description of injuries reported at the scene
If a copy is not provided, note the name of the person taking the report, the time they took it, and keep a dated note of this conversation.
Security/Surveillance video
Compose a written preservation demand (email or letter) to the property owner or manager that includes:
- Your name
- Exact date and time of the fall
- Precise location (e.g., "entrance at 123 Main St., turnstile area of subway station")
- Description of the hazard and the incident
- A request that any video footage be preserved and not overwritten
Keep a copy of this notice and proof of delivery (email receipt, certified mail slip).
Medical Documentation and Symptom Tracking
Immediate medical care
Even if you feel "okay" at the scene, you should:
- Go to an emergency room or urgent care, or see a primary care provider as soon as possible
- Specifically describe the mechanism of injury (e.g., "I fell on my left hip when I slipped on a wet floor")
Delayed treatment can be used by insurers to argue the injury is unrelated or less serious.
Medical records to collect
Gather all of the following:
- All ER records, hospitalization notes, discharge summaries, and imaging reports (X-ray, MRI, CT)
- Primary care and specialist notes, rehabilitation or physical therapy records, and any notes about work restrictions
- Prescriptions, billing statements, and proof of out-of-pocket payments (pharmacy, copays, transportation)
Symptom and treatment log
Keep a daily log that includes:
- Date and time
- Pain level and location (e.g., "left hip, dull ache, 7/10")
- Activities limited by the injury (e.g., "could not walk more than 10 minutes," "missed work on 1/15")
- Medications taken and any side effects
This log can later be used to support claims for pain and suffering and lost earning capacity.
Timeline: What to Do When
First hour
- Take photos and videos of the scene and your shoes
- Get witness names and contact info
- Report the incident to on-site staff or property management and request a written report
First day
- Seek medical attention and ask the provider to document the injury as a result of the slip and fall
- Request security footage preservation and send the written notice
- Write a detailed account of the incident (time, location, hazard, what happened, and injuries)
First week
- Obtain copies of all medical records and any incident report
- Preserve and store shoes and clothing; do not clean or alter them
- Consult a personal injury attorney to determine whether the property is private or government-owned and what deadlines apply
Evidence Type vs. Why It Matters vs. How to Collect It
| Evidence Type | Why It Matters | How to Collect It |
|---|---|---|
| Scene photos and video | Proves the hazardous condition existed and how it caused the fall | Take multiple photos (close-up, wide, lighting) and a short video with time stamp; keep unedited files |
| Witness contact and statements | Corroborates your account and shows the hazard was present | Get names, phone, email; obtain a written or recorded statement signed and dated by the witness |
| Incident/accident report | Creates an official record of the hazard and reported injuries | Request a written report from staff; keep a copy and note who took it and when |
| Medical records | Links the injury to the fall and quantifies damages (medical bills, lost wages) | Obtain all ER, hospital, imaging, and outpatient records; keep copies of bills and receipts |
| Footwear and clothing | Shows condition of the sole, tread, and how the item may have related to the fall; refutes "bad shoes" argument | Do not clean or repair; photograph and store in a sealed bag or box |
| Security/video footage | May show the exact moment of the fall and the condition of the area | Send a written preservation request to the property owner with date, time, and location; keep proof of delivery |
| Symptom and treatment log | Documents ongoing pain, functional limitations, and work impact for damages | Keep a dated daily log of pain, limitations, treatments, and missed work |
What to Say and Not Say When Reporting
When reporting the incident to store staff, property managers, or security:
Say
- "I just slipped here and fell; I need to report this incident."
- "Can you please write up an incident report and give me a copy?"
- "My left ankle is hurting and I think I need medical attention."
- "I would like to request a copy of any security camera footage for this area."
Do not say
- "I'm sorry," "I wasn't looking," or "It was my fault."
- "I'm fine, I don't need help" if there is any pain or injury.
- "I've fallen here before" or "This place is always dangerous" without a written note of the exact date and conditions.
- Detailed accounts of the incident to insurance adjusters before speaking with counsel.
What to Do Next If You Are Seriously Injured
If you have a serious injury (fracture, head injury, spinal cord injury, hospitalization, or long-term disability):
- Prioritize medical care and follow all recommended treatment; refusing recommended care can harm your claim.
- Preserve all evidence exactly as described (photos, shoes, clothing, and medical records) and do not delete phone or camera files.
- Consult a personal injury attorney as soon as possible, especially if the incident involves:
- Government property (city sidewalk, park, subway, public building) - 90-day Notice of Claim deadline
- Significant lost wages, permanent disability, or ongoing pain and suffering
- Stop discussing the case with insurers until the attorney has reviewed the claim and advised on what can be disclosed.
Complying with Legal Deadlines
For falls on private property, the general statute of limitations is three years from the date of the accident to file a lawsuit.
For falls on city or government property, a Notice of Claim must be served on the appropriate government agency (e.g., NYC Comptroller) within 90 days of the accident. A lawsuit must then be filed within one year and 90 days of the accident.
In all cases, consult counsel promptly to determine the correct defendant and jurisdiction.
How Do You Write a Slip and Fall Report?
Many various entities will be involved in your slip and fall cases. While there's no single official template, using a comprehensive form that covers all necessary details is crucial. If you need a specific template, consulting with a local personal injury attorney would be advisable. They can provide forms tailored to New York law and your specific situation.
Many legal teams, businesses, and institutions have developed their own standardized forms. Such templates are developed to streamline the processing of slip and fall cases. Here are some notable considerations:
| Involved Party | Consideration |
|---|---|
| New York Workers' Compensation Board | For workplace accidents, there's an official C-3 Employee Claim form. |
| Property Owners/Businesses | Many businesses have their own internal incident report forms. These should cover all essential information that could help these parties mitigate such accidents from happening again. |
| Legal Teams | Law firms often develop their own templates for clients to use. These are designed to gather all relevant information crucial for potential lawsuits. |
| Insurance Companies | Insurance providers usually have specific forms for reporting incidents. |
Make sure that all accounts on the report match and are complete. Your personal information, incident details, additional witness information, injury description, and the property's conditions are some of the most crucial information to nail. Be as accurate and factual as you possibly can. Make sure to read and review everything before signing anything.
Reporting Slip and Fall Accidents in New York
Apart from professional law practitioners, you may also consult with local police authorities for some guidance on your slip and fall accidents. While police reports may not be the most crucial evidence in slip-and-fall claims, it is a good start for promptly processing your case:
| AREAS SERVED | MAIN | DIRECTORY |
| Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans, Wyoming | 585-344-6200 | Troop A |
| Clinton, Essex, Franklin, Hamilton, St. Lawrence | 518-897-2000 | Troop B |
| Broome, Chenango, Cortland, Delaware, Otsego, Tioga, Tompkins | 607-561-7400 | Troop C |
| Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego | 315-366-6000 | Troop D |
| Cayuga, Chemung, Livingston, Monroe, Ontario, Schuyler, Seneca, Steuben, Wayne, Yates | 585-398-4100 | Troop E |
| Greene, Orange, Rockland, Sullivan, Ulster | 845-344-5300 | Troop F |
| Albany, Fulton, Hamilton, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, Warren, Washington | 518-783-3211 | Troop G |
| Columbia, Dutchess, Putnam, Westchester | 845-677-7300 | Troop K |
| Nassau, Suffolk | 631-756-3300 | Troop L |
| Bronx, Kings, New York, Queens, Richmond | 212-459-7800 | Troop NYC |
While speaking to the local police is a good first step, keep in mind that they may respond differently in cases where no urgent help is needed. In less severe slip-and-fall accidents, they would typically refer individuals to more appropriate channels.
FAQs
How do you document a fall incident?
Document the incident by taking photos and video of the hazard, getting witness contact information, requesting a written incident report, seeking medical care and keeping all records, and preserving the shoes and clothing worn during the fall.
What information should you document about an accident?
Document:
- Date, time, and exact location of the fall
- Condition that caused the fall (wet floor, ice, crack, poor lighting, etc.)
- Any warning signs present or missing
- Description of injuries at the scene and during medical visits
- Witness information and statements
- Copies of incident reports and medical records
How to write a slip and fall incident report?
To write your own account of a slip and fall:
- Start with the date, time, and exact location (e.g., "Main entrance of Grocery Store X at 123 Main St., near the front registers").
- Describe the activity at the time (e.g., "I was walking from the front door toward the dairy section").
- State the hazardous condition (e.g., "I saw a large puddle of water on the tile floor near the entrance").
- Explain how the fall happened (e.g., "My right foot slipped on the wet area, and I fell backward onto my right hip").
- Note injuries felt immediately (e.g., "I experienced sharp pain in my right hip and could not stand without help").
- List any witnesses and what they said.
- Identify who you reported the incident to and whether an official report was created.
What should I do immediately after a slip and fall accident?
Right after a slip and fall:
- Take photos and video of the hazard and surrounding area
- Get witness names and contact information
- Report the incident to staff or property management and request a copy of the incident report
- Seek medical care, even if injuries seem minor
- Preserve shoes and clothing worn in the fall
- Send a written request for preservation of any security/surveillance footage
- Consult a personal injury attorney to understand deadlines and next steps
How long do I have to file a slip and fall claim in New York/file a notice of claim?
On private property (store, apartment building, office, etc.): You generally have three years from the date of the accident to file a lawsuit.
On government property (NYC sidewalk, subway station, park, government building, etc.): A Notice of Claim must be served on the appropriate government agency (e.g., NYC Comptroller) within 90 days of the accident. A lawsuit must then be filed within one year and 90 days of the accident.
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If you or a loved one has been a victim of negligence, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
