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What To Do If You Have A Slip & Fall Accident On Someone Else’s Property

Palermo Tuohy Bruno recently helped a Slip and Fall victim receive financial justice for the losses she endured due to her injury. Our client was walking in a New York City parking garage on a rainy day. She slipped and fractured her elbow on the staircase of the building. The fracture required surgery.

We held the premises owner liable for their negligence in keeping the occupants of their building safe from harm. The staircase itself was in need of attention and perhaps retreading by the building’s owner. The treading on the steps was worn out. And as other occupants climbed the stairs that day, tracking in rain from the outside, the staircase became slippery and dangerous.

Palermo Tuohy Bruno obtained a settlement of $350,000 for our client to help her recuperate for her losses. Slip and Fall accidents are extremely common – especially in the wintertime. Not all building owners are responsible enough to ensure the safety of their occupants. Rainy, snowy, and icy days are upon us. Make sure you take it slow when you’re walking across stairs, into lobbies that are hardwood or tiled, across lots that may have black ice on them, etc. And if you come across a slippery spot on the ground, tell others around you.

If you yourself ever get into a Slip and Fall Accident, you should know what to do, even if you don’t feel you’ve been injured.

What To Do If You’re In A Slip And Fall Accident

You may not feel pain right away. But later, it might hit you. Even if you don’t believe you are hurt, follow these steps to ensure you have a good case:

  • If you require medical attention right away, get it. There are two reasons for this. The first is your own wellbeing. The longer you go with an injury untreated, the worse it may get. Secondly, it’s important to obtain a written diagnosis of your injury directly following the incident while the injury is still fresh. This could strengthen your case. Contrarily, not seeking medical attention as well as waiting to seek medical attention may be used against you if you do have a personal injury case.
  • Take note of the entire area where you slipped/fell. Take pictures of the area. Was the ground icy? Was the floor slippery? Not only are photos invaluable to your case – they’ll also help your lawyer in deciding how to handle it. It’s important that you take photos of the scene as soon as possible. If you take photos of the scene, the premises owner will probably do the same. Atop that, the premises owner may try to “cover their tracks” by changing the scene to make it safe again. Your photos of the scene directly after the slip/fall will help corroborate your version of the incident as opposed to the alleged premises owner’s version of the incident.
  • Get the names and phone numbers of anyone who may have witnessed your slip or fall. Even those who may arrive at the scene after your incident can help your case, since they can testify to the conditions of the scene. Get their names and phone numbers as well. Witnesses can be extremely helpful. They can take photos of the scene for you. They can get you medical attention. And they can testify in your case should you need them to.
  • If you fall in a store or a place of business, and there’s a procedure for such incidents (such as filling out an “incident report”), follow that procedure. It’s important that the store or place of business is aware of your incident. If a supervisor or anyone else who works at the store or place of business makes a claim about the scene of the incident being unsafe, or if they’ve “had problems with that area before”, take a mental note of that claim. Ask for the name and phone number of whoever made that claim. Their claim may just help your case.
  • You may have to wait around after your Slip and Fall Accident has occurred – either to fill out a report or wait for medical attention. Try and stay focused on your surroundings. Refrain from talking about how the slip or fall happened, and don’t be quick to lay blame or make any demands. Try to stay alert to your surroundings, and take a mental note of what witnesses, premises owners, or employees say in that time frame. And make sure you have their names and phone numbers.

If you do end up making a claim against a premises owner for a Slip and Fall Accident, you will likely be called by the insurance adjuster and/or attorney of the premises owner. They’ll likely be real nice to you initially in attempts to gain your trust. But keep in mind – they are not on your side. It’s literally their job to make sure you don’t get the financial compensation you’re entitled to. They will ask you questions – sometimes difficult ones – and many times try to trick you. Never downplay your injury or make small talk about it. They will use what they can against you in order to weaken your case. Since it’s their job to do so, you can be sure they know what they’re doing. This is why it’s so important to consult with a Slip and Fall Attorney right away. If you have an attorney, put any insurance adjuster or attorney in contact with them.

Attorneys who are experienced in handling Slip and Fall Accident claims know what will likely be asked of you, and how insurance companies trick individuals with difficult and sometimes seemingly odd questions in order to weaken your case.

Remember, personal injury attorneys work on a contingency fee – meaning you don’t have to pay any upfront costs for their legal assistance unless they win your case. There is no harm in retaining an experienced Slip and Fall Attorney. In fact, there’s likely harm in not retaining a lawyer. Victims of personal injury who have a lawyer representing them see, on average, 300% more financial compensation than those who retain a lawyer.

It’s almost winter. The rain has been heavy lately. And Slip and Fall Accidents are likely to occur. Know what to do should this ever happen to you. One icy patch of black ice and one step could literally destroy your future. Remember these steps, share these steps with others (coworkers, friends, etc.) and stay safe.


“What to Do After a Slip and Fall Accident.” FreeAdvice. FreeAdvice, 24 Feb. 2015. Web. 01 Dec. 2016. <>.