Slip-and-fall accidents happen every day, and while some are relatively harmless, others result in serious, life-altering injuries. When these incidents occur on private property - whether at someone’s home, in a private store, or on a rented property - they often involve multiple legal questions of liability and compensation that can be difficult to work through alone.
At Harrell & Paulson in Kaufman, Texas, we’ve represented countless individuals who didn’t know what steps to take after being injured in a slip-and-fall accident. If you’re one of the millions of people who’ve been injured on private property because of a slip-and-fall situation, we can help. Here, we’ll review what your next steps should be after one of these accidents.
Prioritize Your Health and Seek Medical Attention Immediately
Your health is the most important thing. After a fall, you might feel fine initially, but don’t ignore your body. Adrenaline can mask pain and injuries, and some conditions - like concussions, internal bleeding, or soft tissue damage - may not present symptoms right away. It’s important to seek treatment to determine what types of injuries you’ve sustained and get proper care.
Prompt medical treatment also matters legally because it creates a medical record that links your injury to the fall. Delays in treatment can give property owners or insurers room to argue that your injury wasn’t caused by the accident. Even if you think your injuries are minor, go to an emergency room, an urgent care center, or see your primary care physician right away.
Report the Incident to the Property Owner or Manager
If the accident occurred in a private business (like a retail store or apartment complex), report the fall to a manager or property owner immediately. If it occurred at someone’s private home, inform the homeowner right away. From a legal standpoint, it’s important to have a record that you notified the business or property owner at the time of the accident.
You should also request a written report and ask for a copy. If it’s not immediately available, follow up in writing—email is fine—to create a record of your communication. Include the date, time, and location of the fall, as well as any conditions that contributed to the accident (e.g., “The stairwell had no handrail and poor lighting”). This documentation is vital to your case.
Document the Scene and Your Injuries
Slip-and-fall claims often come down to the details, which is why documentation is crucial to your case. Take photos and videos of the exact location where the fall occurred as soon as possible. When you’re documenting the location, it’s essential for you to capture the following things so that they’re on record as documentation for your personal injury case:
The condition that caused your fall: Wet floor, loose carpeting, broken steps, etc
The surrounding area: Lighting, signage, obstructions, etc
Your clothing and shoes: In case the property owner tries to blame you
Any visible injuries: Bruising, swelling, or medical devices used during recovery
Preserve everything from the time of the accident. This includes keeping the shoes and clothes you wore and not washing or altering them. If possible, gather the names and contact info of anyone who witnessed the fall. Their statements could help corroborate your version of events later. This written and photo documentation of your accident can greatly help your case.
Don’t Make Statements or Accept Blame
After a fall, it’s natural to feel embarrassed or to try and explain what happened. You should be cautious, however, about saying too much. It’s important to avoid saying things like “I’m fine” or “It was my fault.” These statements can be used against you later, even if you didn’t mean them seriously. Be wary of any request you might receive to accept blame for the accident.
Similarly, avoid making recorded or written statements to the property owner or their insurance company without legal representation. Their goal is to limit their liability and minimize your compensation. If you find yourself in a situation where you’re being requested to make a statement, contact Harrell & Paulson immediately so we can help you protect your case.
Review the Basics of Premises Liability Law
In slip-and-fall cases on private property, your legal rights are governed by premises liability law. In general, property owners (or those in control of the property, such as tenants or property managers) have a legal duty to keep their premises reasonably safe for lawful visitors. If an accident occurs and you make a premises liability claim, you must show that:
Cause of accident: A dangerous condition existed on the property
Knowledge of cause: The property owner knew or should have known about the condition
Failure to address cause: The property owner failed to fix the condition or warn you about it in a timely manner
Injury resulting from the cause: That failure on the part of the property owner caused your injury
This legal standard may vary slightly depending on your status on the property (invitee, licensee, or trespasser). For example, invitees - like customers in a store - are owed the highest duty of care. If an accident occurs, being able to show that the above situations existed can greatly strengthen your case. Your personal injury lawyer will advise you on how to proceed.
Consult a Personal Injury Lawyer Early
Many people wait too long to involve a lawyer. The earlier you seek legal guidance, the better your chances of preserving critical evidence and avoiding missteps that can hurt your claim. A personal injury lawyer can help you investigate the circumstances of your fall, identify liable parties, deal with insurance on your behalf, file legal documents, and more.
According to TexasLawHelp.org, the statute of limitations for personal injury cases in Texas is two years from the time of the accident. It’s vital to consult with a personal injury lawyer as soon as possible so that you have plenty of time to make your case and seek compensation for your injuries. Contact our lawyers at Harrell & Paulson to find out about getting started.
Be Careful on Social Media
Insurance companies often monitor claimants’ social media activity. Posts, photos, and even comments that suggest you're not as injured as you claim can be taken out of context and used to discredit your case. Following a slip-and-fall accident, be careful what you share on social media regarding your accident. Discretion is advised so nothing is taken out of context.
Our personal injury lawyers at Harrell & Paulson would advise you to avoid posting about the accident or your injuries. Don’t accept new friend requests or respond to messages from people you don’t know - they could be investigators. Documentation is important, but this should be in the form of written reports and photographs, not social media posts. Be careful of what you share online.
Contact Our Personal Injury Lawyers Today
Slip-and-fall accidents might seem minor, but the consequences can be serious and long-lasting, affecting your ability to work, care for your family, or enjoy life. A successful personal injury claim starts by taking the right steps immediately after your accident. Contact Harrell & Paulson for representation for your case. We serve clients in Kaufman, Texas; Forney, Texas; Terrell, Texas; and Rockwall, Texas. Reach out to our firm today for more information about working with our lawyers.
