What to Do After a Slip & Fall Accident

So, you’ve been injured from falling or some dangerous area or condition. What are the first things you should do?

The steps to take depend on where you fell. Two common locations of a slip and fall are either at a private establishment (restaurant, shopping center, business, etc.) or a public area (sidewalk, street, parks, playgrounds, public beach, etc.) The steps differ depending on the location, as outlined below:

Immediate Actions to Take

PRIVATE ESTABLISHMENT (Ex: Restaurants, shopping centers, private businesses):

What do I do at the Incident Scene?

  • Call 9-1-1. It is critical to call the police immediately as they will document and report how the incident happened, whether anyone sustained injuries, and obtain witness information that will be critical to your case in the future.
  • Contact the Manager. It is critical to inform the establishment of the incident and your potential injuries. Locate an employee or manager at the incident scene to inform them of what happened.
      • Ask for an Incident Report. Asking for an incident report will allow your attorney to have a clear understanding of liability and show that an accident did occur in that establishment. Once the incident report is filled out ask for it to be signed by the manager on duty and ask that they provide YOU a copy of the incident report at the accident scene. The establishment will likely not give you a copy of the incident report if you do not obtain it on the day of the incident.
  • Photograph the Evidence. Take photographs of the accident scene, the position where you fell, and any posted signs (if any), such as “Wet Floor” or “Step Down” etc.
      • Surveillance Cameras: There’s a possibility that there was a camera that captured the incident. Be sure to take a photograph of the camera and it’s positioning so that your attorney can request the footage later.
  • Establishment Information. Be sure to take photographs of the establishment’s license to operate, insurance information, and the manager’s name, number, and possibly employee ID.
  • Say YES to the Ambulance. If you are in ANY pain or discomfort after the incident and the paramedics or police officer asks you whether you want to be taken to the hospital by ambulance, say YES. If you deny an ambulance and later learn that you sustained injuries, the defendant can later use your denial against you.

PUBLIC AREA (Ex: sidewalk, public park, public beach, playground, etc.)

What do I do at the Incident Scene?

  • Call 9-1-1. It is critical to call the police immediately as they will document and report how the incident happened, whether anyone sustained injuries, and obtain any witness information that will be critical to your case in the future.
  • Photograph the Evidence. Take photographs of the accident scene, the position where you fell, any posted signs or marking (if any), such as colored markings on the sidewalk or any other posted warnings that relate in any way to the area or condition that caused your injury.
      • Surveillance Cameras: There’s a possibility that there was a camera that captured the incident. Be sure to take a photograph of the camera and its positioning so that your attorney can request the footage later.
  • Say YES to the Ambulance. If you are in ANY pain or discomfort after the incident and the paramedics or police officer asks you whether you want to be taken to the hospital by ambulance, say YES. If you deny an ambulance and later learn that you sustained injuries, the defendant can later use your denial against you.

MEDICAL TREATMENT

  • Day of Accident: If you’re not taken by ambulance, visit the ER or Urgent Care immediately to be assessed for any possible injuries.
      • Be descriptive with the doctor. All details help your case. It’s better to be overly thorough than to leave out critical information that could assist the doctor.
      • When speaking of a doctor about the accident, describe how the incident occurred, how your body moved when you slipped, jolted, or fell, and include in your description what parts immediately hurt and what parts are sore, etc.
      • It is a good idea to call your primary care doctor while waiting to be seen at the ER. Your primary care doctor likely will not be able to see you for a couple days, maybe weeks after the accident. So, it is critical to call them ASAP to get a visit date scheduled.
  • Additional Medical Visits: If you have not already, call your primary care doctor to schedule an appointment. ER and Urgent care facilities will likely not provide ongoing treatment, only emergency treatment. Accordingly, you will need to see your primary care doctor for additional, follow-up care.
      • No Primary Care Doctor or Health Insurance? Contact our office at (951) 688-7000 as our attorneys can refer you to a medical professional.

COMMUNICATIONS AFTER THE INCIDENT

If ANYONE from either the private establishment or public official (such as a representative from the city) calls you, do not speak to them. Tell them that if they have any questions, they can speak to your attorney.

OTHER EVIDENCE

  • Ongoing Evidence: Due to the accident, you may have cuts, bruises, and other marks on your body that will hopefully go away in the future. It is important to take photos of these visible injuries before they go away. The insurance company may deny that you suffered visible injuries unless you capture the evidence.
  • If someone witnessed the incident, ask them for their name and number. Even if this incident occurred inside a private establishment or public area, ask for the witness’s name and number. This way your attorney can use them as a possible witness in the future to add more credibility to your claims.
  • Diary Log: Be sure to keep a diary of any abnormal symptoms you experience. For example, nausea, vomiting, and sensitivity to light can be signs of a concussion or brain injury. It is important that you note any abnormal feelings you experience so that you can communicate each symptom to your doctor.
      • Example Log: “On July 1st, 2024, I saw my chiropractor and advised them that I have been experiencing a numbness and tingling sensation in my right arm.”
      • Other Log Info: This log is also not limited to medical visits. It could also be day-to-day life for example, “I was not able to ride my Harley Davidson this Sunday because of the pain in my back.”
  • Future evidence: If at some point you visit the place where the incident occurred, and you notice that the area where you were injured has been changed or fixed, be sure to take photos so that your attorney can compare the before and after the condition of the area you fell.

Call my office if you have any questions regarding the above. The firm’s number is (951)-688-7000.