A slip and fall claim is not automatic. Falling on someone's property is not enough; you generally have to show that a dangerous condition existed, that the owner or occupier knew or should have known about it, and that they failed to fix it or warn you in a reasonable time. Insurers defend these claims aggressively, often by arguing the hazard was obvious or that you were not paying attention. Documentation from the first hour is what usually decides them.
When to ask an attorney to assess the case
These situations commonly justify a free consultation. None of them means you have a valid claim; that is for an attorney to assess.
- You broke a bone, hit your head, injured your back or needed surgery after a fall.
- The fall happened in a store, restaurant, apartment complex, parking lot, hotel or other business property.
- The property owner or manager refused to make an incident report, or you were told cameras did not record.
- An insurer has contacted you or asked you to sign a medical release.
Facts and evidence that matter
- Photos or video of the exact hazard (liquid, uneven surface, missing handrail, poor lighting) taken before it is cleaned up or repaired.
- The incident report filed with the business, and the names of employees and witnesses present.
- Surveillance footage, which many businesses overwrite within days unless asked in writing to preserve it.
- Your footwear and clothing from that day, and medical records that describe the mechanism of the fall.
- Evidence of how long the hazard existed: inspection logs, cleaning schedules, prior complaints or weather records.
How state law affects the claim
Personal injury law is state law. The examples below name Georgia and Tennessee because those states have dedicated guides on this site; your own state's rules may differ.
- Every state applies a comparative or contributory negligence rule to falls, and insurers routinely argue the injured person should have seen the hazard. Georgia bars recovery at 50 percent fault; Tennessee bars recovery unless your fault is less than the owner's.
- The duty an owner owes depends on why you were there. Customers and invited guests are owed the highest duty; trespassers the least. States define these categories differently.
- Snow and ice, open and obvious hazards, and falls on government property each have their own state-specific rules and defenses.
Deadlines and early notices
There is no national personal injury deadline. Each state sets its own statute of limitations, and separate notice rules often apply to claims against government bodies. Missing a deadline usually ends the claim.
- The lawsuit deadline is the state's personal injury statute of limitations: two years in Georgia, one year in Tennessee.
- Falls on city, county or state property usually require a written claim notice within months. Georgia requires notice to a city within six months; Tennessee's Governmental Tort Liability Act requires suit within 12 months.
- Camera footage and cleaning logs can be gone in days. Request preservation in writing immediately.
What compensation may cover
- Emergency treatment, imaging, surgery and ongoing physical therapy.
- Lost wages during recovery and reduced earning capacity for lasting injuries.
- Pain and suffering.
- Costs of home modifications or assistive devices where mobility is affected.
What can limit recovery
- No proof that the owner knew or should have known about the hazard before you fell.
- Hazards a court considers open and obvious, or warnings such as wet floor signs that were adequate.
- Your own share of fault, including distraction, footwear or ignoring a marked hazard.
- Delays in seeking treatment, which insurers use to argue the injury was minor or unrelated.
What happens after you submit a request
Participating attorneys who accept premises liability inquiries in your state will typically ask where the fall happened, what caused it, whether a report was made and what treatment you have had. Because footage disappears quickly, they may prioritise sending a preservation letter to the property owner.
Ask Legal Matters is a lead-generation service, not a law firm. Submitting a request is not a legal determination and does not create an attorney-client relationship. Whether a participating attorney is available depends on your state and case type. You can verify any attorney's license through the state bar: State Bar of Georgia member directory; Tennessee Board of Professional Responsibility attorney search. How Ask Legal Matters works.
How fees and expenses work
Most personal injury attorneys work on a contingency fee: a percentage of any settlement or verdict, with no fee owed if there is no recovery. Case expenses (filing fees, records, experts, depositions) are separate. Some attorneys advance them and deduct them from the recovery; others may ask you to repay them even if the case is lost. Read the written fee agreement before signing, and ask how expenses are handled.
Frequently asked questions
Do I need to report a slip and fall right away?
Yes. Report it to the manager or owner before you leave if you can, ask for a written incident report, photograph the hazard, and get medical care the same day. These steps create the record the claim will depend on.
What if there was a warning sign?
A sign does not automatically defeat a claim. The question is whether the warning was adequate and visible and whether the owner should have removed the hazard instead of leaving it. It can, however, increase the share of fault assigned to you.
Can I make a claim if I fell at a friend's or relative's house?
Falls on residential property are usually claimed against the homeowner's or renter's liability insurance rather than the person directly. An attorney can explain how that works in your state.
Ask Legal Matters is a legal lead-generation service, not a law firm. We share case review requests with independent attorneys and law firms; we do not provide legal advice or representation. This page is attorney advertising and does not constitute legal advice. Case acceptance and outcomes are decided by the attorney and are not guaranteed. Consult a licensed attorney about your specific situation.
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