What do I need to prove in a slip and fall case?

You must prove three things: (1) the property owner had a duty of care to keep the premises safe, (2) a hazardous condition existed, and (3) the property owner knew or should have known about the hazard through reasonable inspection (constructive notice). The third element — knowledge — is where most cases fail.

How long do businesses keep surveillance footage?

There is no federal law requiring businesses to preserve surveillance footage. Most surveillance systems automatically overwrite on a loop — some daily, some weekly. Critical evidence can be destroyed in as little as 24 hours. You should request footage preservation in writing as quickly as possible after an incident.

What is comparative negligence and how can it affect my slip and fall case?

Comparative negligence reduces your compensation based on your own percentage of fault. In most states, if you're 50% or more at fault, you get nothing. In five jurisdictions (Alabama, Maryland, North Carolina, Virginia, and DC), even 1% fault eliminates your recovery entirely under contributory negligence rules.

What is the 'open and obvious' doctrine?

In many states, if the hazard is deemed 'open and obvious' — meaning a reasonable person should have seen and avoided it — the property owner may have no liability. This has been applied to puddles in well-lit aisles, cracked sidewalks in daylight, and even ice in parking lots during winter.

What should I do immediately after a slip and fall?

Report the incident to the property manager immediately and request it in writing. Take photos and video of the hazard, the area, your injuries, and your footwear. Get contact information from witnesses. Request in writing that any surveillance footage be preserved. Seek medical attention even if injuries seem minor. Do not sign any incident report that includes language waiving your rights.

Your Rights After a Slip and Fall: What the Law Actually Says

The Reality of Slip and Fall Claims

Premises liability cases — the legal category that slip and fall cases fall under — have the lowest success rates of any personal injury claim type. The typical settlement ranges from $10,000 to $50,000, and 95% of cases settle before ever reaching a courtroom.

Understanding why these cases are so difficult is the first step in protecting yourself.

What You Must Prove

The burden of proof falls entirely on the injured person. You must demonstrate all three elements:

1. Duty of Care

The property owner had a legal responsibility to keep the premises reasonably safe. For businesses open to the public, this is usually straightforward.

2. The Hazard Existed

A dangerous condition was present — a wet floor, broken step, torn carpet, icy walkway. This is where evidence destruction becomes devastating. The spill gets mopped up. The ice melts. The wet floor sign appears after your fall.

3. Knowledge (Constructive Notice)

This element kills most cases. You must prove the property owner knew about the hazard or should have known through reasonable inspection.

If a customer spills juice and you slip on it two minutes later, the store argues they had no reasonable time to discover and address it. This argument frequently succeeds.

Legal Traps That Can Eliminate Your Claim

Comparative Negligence

Your compensation can be reduced or eliminated based on your own fault:

Were you looking at your phone?
Were you wearing inappropriate footwear?
Did you ignore a partially visible warning sign?

In most states, 50% or more fault = zero recovery.

In Alabama, Maryland, North Carolina, Virginia, and DC, the rule is even harsher: 1% fault = zero recovery. This is called contributory negligence.

The “Open and Obvious” Doctrine

If the hazard is deemed “open and obvious,” the property owner may have no liability at all, regardless of their negligence. Courts have applied this to:

Puddles in well-lit aisles
Cracked sidewalks in daylight
Ice in parking lots during winter

Inspection Log Defense

If a store shows records that an employee checked the area before your fall and noted no hazard, that often establishes “reasonable care” — even if the hazard appeared minutes later. Multiple attorneys have noted these logs exist primarily as liability shields, not safety protocols.

Protecting Your Evidence

At the Scene

Report it immediately — Tell the property manager and request written documentation
Photograph everything — The hazard, the area, your injuries, your footwear, lack of warning signs
Get witness contacts — Names and phone numbers of anyone who saw it
Request footage preservation — In writing, as quickly as possible. There is no federal law requiring the business to keep it

Surveillance Footage

This is critical. Most commercial surveillance systems automatically overwrite video on a loop. Footage can be permanently destroyed in as little as 24 hours.

If you don’t request preservation promptly and in writing, the evidence that could prove your entire case may be gone before you even file a claim.

Medical Documentation

See a doctor promptly, even if injuries seem minor. Medical records from shortly after the incident establish the connection between your fall and your injuries.

The Insurance Playbook for Slip and Fall

Insurance companies use every standard tactic — delay, deny, defend — plus tactics specific to premises liability:

Run out the evidence clock — They know footage auto-deletes
Blame your footwear — They investigate what you were wearing to activate comparative negligence
Deploy biomechanics experts — Expensive witnesses that most claimants can’t afford to counter
Aggressively lowball — They know you’re facing an uphill legal battle

Understanding these tactics before you encounter them is the entire point of this guide.