What to do after a slip and fall: 12 dos and don'ts

Here's what to do after a slip and fall accident: report it to the property owner or manager, photograph the hazard and your injuries, get witnesses' names, and see a doctor promptly, even if you feel okay. Don't admit fault, don't give the insurer a recorded statement and don't sign anything before you understand your rights.

Those first hours matter more than most people realize. In Florida, a slip-and-fall claim against a business usually depends on proving the business knew, or should have known, about the hazard. The evidence that shows that tends to disappear fast. These 12 dos and don'ts will help you protect your health and your claim.

What to do after a slip and fall accident: 12 dos and don'ts

1. Do get medical help first

If you're badly hurt, call 911 or ask someone to call for you. Everything else can wait. If you can get up, move carefully and sit somewhere safe before you do anything else.

2. Do look closely at what made you fall

Before you leave, try to identify the cause. Was the floor wet? Was there a spill, loose mat, torn carpet, broken step or poor lighting? Was there a warning sign, and could you see it? Notice details that show how long the hazard was there, like footprints or cart tracks through a spill, or a puddle that had spread out.

3. Do take photos and video

Use your phone to photograph the hazard from several angles, the surrounding area, any warning signs or the lack of them, your shoes and any visible injuries. Then back the photos up by texting or emailing them to yourself or someone you trust. Stores clean up quickly, so these may be the only record of what the floor looked like.

4. Don't admit fault or apologize

It's natural to say "I'm so clumsy" or "I wasn't looking." Those words can be used to argue that you caused your own fall. Stick to simple facts: "I slipped on liquid in aisle 7." You don't have to explain more than that.

5. Do report it and ask for a copy

Tell a manager and ask them to write up an incident report. Make sure it's accurate before you sign anything, and ask for a copy. If they won't give you one, write down the manager's name, the date and time, and what you told them.

6. Do get witnesses' names and numbers

Other customers who saw the fall, or saw the hazard before it, can make a real difference. Ask for their names and phone numbers. Employees can be witnesses too, but they may feel pressure to protect their employer, so independent witnesses are especially helpful.

7. Don't say you're fine

Many fall injuries, like back strains, knee damage, wrist injuries and concussions, can take hours or days to show up. If someone asks, say "I'm not sure yet" or "I'm going to get checked out." Saying "I'm fine" can end up in the incident report and be quoted back to you later.

8. Do see a doctor promptly

Get checked by a doctor, urgent care or the ER as soon as you can, and tell them exactly how you fell. Then follow the treatment plan. Gaps in care give the insurance company room to argue that you weren't really hurt, or that something else caused the injury.

9. Do keep everything in one place

Start a folder for the incident report, medical records, bills, receipts, photos, witness information and notes about missed work. Keep the shoes and clothes you were wearing, unwashed and unrepaired. A short daily note about your pain and what you can't do will help later.

10. Don't give a recorded statement

The property owner's insurance company may call within days. They may sound friendly, but their job is to limit what they pay. You aren't required to give them a recorded statement. It's reasonable to say you'll have your lawyer contact them.

11. Don't sign a release or accept a quick offer

A fast check can be tempting, especially when you're missing work. But accepting it usually means signing a release that ends your claim for good. If your injury turns out to need surgery or months of therapy, that settlement won't reopen.

12. Don't post about it online

Insurance companies look at social media. A photo of you at a family barbecue or a post saying "I'm okay, just a little sore" can be used to argue your injuries aren't serious. It's best to stay off social media about the fall, and about your activities, until your claim is resolved.

What you need to prove in Florida

Florida has a specific law for falls in a business caused by a transitory foreign substance, which means something on the floor that doesn't belong there, like a spilled drink, produce or water. Under Florida Statutes §768.0755, you generally have to prove the business had actual or constructive knowledge of the hazard and should have fixed it.

• Actual knowledge means the business knew. An employee saw the spill, or someone reported it.
• Constructive knowledge means the business should have known. That can be shown if the hazard was there long enough that the business should have found it, or if the problem happened regularly and was foreseeable, like a leaking cooler that drips every day.

This is why the details in steps 2, 3 and 6 matter so much. Footprints through a spill, a witness who saw it 20 minutes earlier or a history of the same leak can be the difference between a strong claim and a weak one.

Your share of fault matters too

Florida follows modified comparative negligence. If you're found partly at fault, maybe for looking at your phone, your recovery is reduced by your share. If you're found more than 50% at fault, you generally can't recover from the property owner. We explain how this works in Florida's new comparative negligence law.

Should I get a lawyer for a slip and fall?

Not every fall needs a lawyer. If you had a minor bruise, needed little or no medical care and you're fully recovered, you may be able to handle it yourself. It's usually worth talking to a lawyer when:

A lawyer can send a letter asking the business to preserve its security video and inspection records, which stores may otherwise record over. For more on when to call, see do I need a personal injury lawyer?

How long you have to file

For most slip-and-fall claims in Florida, you generally have two years from the date of the fall to file a lawsuit. That deadline was shortened from four years in March 2023. Video and other evidence can disappear in days or weeks, so it's best to act well before then.

Frequently asked questions

What if there was a wet floor sign?

A warning sign can make a claim harder, but it doesn't always end it. Questions remain about where the sign was, whether you could see it, and whether the business took other reasonable steps to clean up. Photos showing the sign's placement, or that there wasn't one, are important evidence.

Can I make a claim if I fell at someone's home?

Often, yes. Homeowners insurance usually includes liability coverage for injuries to guests. The homeowner generally doesn't pay out of pocket, their insurer does. The rules for proving fault are different from a store fall, so it's worth asking a lawyer how they apply to your situation.

How much does a slip and fall lawyer cost?

Most personal injury lawyers in Florida, including our firm, work on a contingency fee. You pay nothing up front, and the fee comes out of any recovery. If there's no recovery, you owe no fee. Florida Bar rules require the agreement to be in writing and explained to you.

---

A fall can happen in a second, but the steps you take afterward can shape your recovery for months. If you were hurt on someone else's property, our injury team can review what happened for free, in English or Spanish, and there's no fee unless we recover for you.