By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hurt in a fall?
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At the scene, before you leave
If you are badly hurt, stay where you are and call 911. If you can move safely, these steps take only a few minutes:
- Look at what made you fall and take photos from where you landed, then from farther back so the picture shows the aisle, the doorway or the stairs.
- Photograph anything nearby that matters: a missing wet floor sign, a leaking cooler, a torn mat, poor lighting.
- Tell a manager, landlord or owner what happened, stick to the facts and ask for a report or reference number.
- Get names and phone numbers from employees who came over and from anyone else who saw the spot.
- Look up for cameras and note where they point.
- Decline to sign anything that goes beyond confirming your name and contact details.
If you are too hurt to do any of this, ask a companion to do it, or send someone back the same day while the area looks the way it did.
Get medical care, even if you feel all right
A same-day visit protects your health and creates a record of the fall. The CDC says to call 911 or go to the emergency department right away after a head injury if an adult shows any of these danger signs (CDC):
- A headache that gets worse and does not go away
- Weakness, numbness, decreased coordination, convulsions or seizures
- Repeated vomiting
- Slurred speech or unusual behavior
- One pupil larger than the other
- Confusion, restlessness, agitation, or not recognizing people or places
- Losing consciousness, or being very drowsy or unable to wake up
Falls are especially dangerous for older people. The CDC reports that more than one out of four older people falls each year, that falls are the most common cause of traumatic brain injury in older adults, and that nearly 319,000 older people are hospitalized for hip fractures each year (CDC, Facts About Older Adult Falls). If an older relative fell, have them checked even if they insist they are fine. More on head symptoms is on our page about head injury danger signs.
When you see a doctor, describe exactly how the fall happened: what you slipped or tripped on, how you landed and what hit the ground first. That note in your chart becomes one of the earliest records of the fall. This page is general information and cannot diagnose you; your own doctor decides what care you need.
The first week
The days right after the fall are when evidence is easiest to save.
- Write your own account while you remember it: the time, the spot, what the floor looked like, who said what.
- Put the shoes and clothes you wore in a bag and set them aside unwashed.
- Photograph bruises, swelling, stitches or a cast every few days.
- Keep a folder for medical bills, receipts, pharmacy costs and notes on missed work.
- Stay off social media about the fall, your injuries and your activities.
- If the owner’s insurer calls, take the adjuster’s name and claim number and politely decline a recorded statement until you have spoken with a lawyer.
The single most time-sensitive step is asking for the video. In a Texas grocery store case, the store’s cameras recorded over older footage after about 30 days, and the store had kept only around eight minutes of the day of the fall (Brookshire Bros. v. Aldridge (Tex. 2014)). A lawyer’s written preservation request should go out within days, and it should ask for more than the moment of the fall. Our slip and fall evidence page explains what to request.
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What matters most in each state
| The question the case often turns on | What to save or ask for | |
|---|---|---|
| California | Whether the owner inspected the area within a reasonable time before the fall (Ortega v. Kmart (2001); CACI No. 1011) | Sweep or inspection logs for that area and day |
| Texas | How long the hazard was there before you fell (Wal-Mart Stores v. Reece (Tex. 2002)) | Time-stamped video from before the fall, not just the fall itself |
| Washington | Whether the way the business operates made the hazard foreseeable (Pimentel v. Roundup Co. (1983); Johnson v. Liquor & Cannabis Board (Wash. 2021)) | Photos of displays, entry mats, shelving and how goods were stocked |
If you fell on public property
A fall on a city sidewalk, in a public library or at a state office follows faster rules. California generally requires a written claim within six months (Gov. Code 911.2), Texas generally requires notice within six months (CPRC 101.101), and a Washington claim against a local government must be presented before any lawsuit (RCW 4.96.020). Our slip and fall deadline page has the details for each state.
What this means for your case
Your health comes first, and the medical records that follow also become evidence. After that, the most useful things you can do are save what you control, such as photos, shoes, notes and receipts, and get a preservation request to the owner before its systems erase the rest. If you fell at a large chain store, our store fall section has state-by-state information. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. More answers are in our injury FAQs.
Common questions
Should I see a doctor if I feel fine after a fall?
It is a good idea, especially if you hit your head or are older. An early visit lets a doctor check you while the details are fresh, and it also documents the fall.
Should I give the store a written statement?
You can report the basic facts so there is a record. Avoid guessing about speed, distraction or fault, and do not sign a statement you did not write.
Can I go back later and take photos?
Yes, and it helps, but the hazard may be gone. Photos of the area still show the layout, the lighting and where cameras are mounted.
Do I need a lawyer right away?
Not for medical care, but sooner is better for the evidence. A lawyer can ask the owner to keep its video and records before they are recorded over or discarded.
What if the spill was cleaned up before I could take a picture?
Write down what you saw right away, and get the name of the employee who cleaned it. That person can describe the hazard, and the store’s video may show it too. Beverly Law offers a free case review in English or Spanish at (310) 552-6959. You owe no fees or costs unless we win.
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Related pages
Sources
- CDC, Signs and Symptoms of Mild TBI and Concussion (danger signs) (cdc.gov)
- CDC, Facts About Older Adult Falls (cdc.gov)
- Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200 (scocal.stanford.edu)
- Judicial Council of California Civil Jury Instructions, 2026 ed. (CACI No. 1011) (courts.ca.gov)
- Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002) (courtlistener.com)
- Pimentel v. Roundup Co., 100 Wn.2d 39 (1983) (courtlistener.com)
- Johnson v. Liquor & Cannabis Board, No. 98726-2 (Wash. May 13, 2021) (courts.wa.gov)
- Brookshire Bros., Ltd. v. Aldridge, No. 10-0846 (Tex. July 3, 2014) (law.justia.com)
- Cal. Government Code 911.2 (leginfo.legislature.ca.gov)
- Tex. Civ. Prac. & Rem. Code 101.101 (statutes.capitol.texas.gov)
- RCW 4.96.020 (app.leg.wa.gov)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.