Slip and fall injury: when the property owner is responsible

Last checked November 8, 2026

You can make a slip and fall claim when a property owner knew, or should have known, about a danger and did not fix it or warn you. Report the fall before you leave, photograph what made you fall and get medical care. Video and store records can vanish fast. Falling alone does not prove fault.

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Is a slip and fall a serious injury?

It can be. Falls lead to nearly half of the hospital stays for traumatic brain injury.¹ For older adults, the risk is high. More than one out of four people 65 and older fall each year, and less than half tell their doctor.² Falls among older people lead to about 4.5 million emergency room visits each year,³ and falls cause 83% of hip fracture deaths.⁴ A bump on the head or a sore hip deserves a real exam.

What should I do right after I fall?

Stay still if your head, neck or back hurts. Ask someone to call 911.
Before you leave, take photos of what caused the fall: the spill, the broken step, the loose mat, the poor lighting. Include the area around it.
Tell a manager or the owner. Ask for a written incident report and a copy. If they refuse, write down who you spoke with.
Get the names and numbers of anyone who saw it.
Keep your shoes and clothes as they are. Do not clean them.
See a doctor the same day and say that you fell. Your chart should connect your injury to the fall.
Write down what happened while you remember it.

When is a store or owner liable for a slip and fall?

Slip and fall cases fall under premises liability law. The owner is not responsible just because you fell on their property. You usually need to show three things.

There was a dangerous condition, like a wet floor, a broken stair or ice that was not treated.
The owner or staff knew about it, or should have found it with normal care. This often turns on how long the danger was there.
The danger caused your fall and your injury.

Who you were also matters. A customer or invited guest is often owed the most care. A trespasser is owed much less. In Arizona, for example, a property owner generally does not owe a trespasser a duty of care except to avoid intentional, willful or wanton harm.⁵

Where you fell	Who may be responsible
Store or restaurant	The business, the landlord, or a cleaning or security company
Apartment	The landlord or property manager, often for common areas
City sidewalk or public building	A city, county or adjacent owner, depending on local law. Deadlines can be short.
Post office or federal building	The United States. A federal tort claim must be presented within two years.⁶
At work	Usually workers' comp, plus maybe a third party

What proof do I need for a slip and fall claim?

This is where many claims are won or lost. Spills get mopped up and cracked steps get repaired.

Security video. Ask in writing, within days, for it to be saved. Many systems record over old footage.
Inspection and cleaning logs that show when someone last checked the area.
Photos taken right after the fall, showing the lack of a warning sign.
Your shoes, which can answer the insurer's claim that your footwear caused it.
Witness statements, including staff.
Medical records and bills. You have a right to copies,⁷ and a provider must act on your request within 30 calendar days.⁸

What if I slipped and fell at work?

Workplaces have safety rules of their own. OSHA says work areas must be kept clean, orderly and sanitary,⁹ floors must be kept clean and, where feasible, dry,¹⁰ surfaces must be inspected regularly,¹¹ and hazards must be fixed before workers use the surface again.¹² Those rules protect workers, and they do not set the rule for a customer.

A fall at work usually goes through workers' compensation. You may also have a separate claim against someone else, such as a property owner who failed to maintain the building where you worked.¹³ See our work injury guide for how those two claims fit together.

What can a slip and fall settlement cover?

A claim can include medical bills, future care, lost pay, and pain and suffering. People often ask about slip and fall settlements without surgery. They may still happen if your injury is real and documented, but no one can tell you an amount without knowing your records, your costs and who was at fault. Insurers often argue that the danger was open and obvious, that you were not paying attention, or that you were already hurt.

How does slip and fall law change by state?

States differ on what owners owe to visitors, how shared fault works and how long you have to sue. Some give only a year or two. If a government owns the property, you may need to file a notice in months. Check your state's rules on this site or use your city guide below.

When should I talk to a slip and fall lawyer?

Talk to one if you broke a bone, hit your head, needed surgery, or lost time at work. Also call if the owner denies the danger existed or if the property belongs to a government. These claims often need quick action to save video and records. A premises liability lawyer can review it for free and tell you if the facts support a claim.

Common slip and fall mistakes

Saying "I'm fine" or "I wasn't looking" to staff.
Leaving without taking photos or making a report.
Signing anything from the store or giving a recorded statement at the scene.
Waiting to see a doctor until the pain gets worse.
Not asking for the video until it has been erased.

Questions

Can I sue if I slip and fall at a store?

You may be able to if the store knew or should have known about the danger and did not fix it or warn you.

How long do I have to file a slip and fall claim?

It depends on your state and who owns the property. A claim for a fall on federal property must be presented within two years.⁶

Does a wet floor sign end my claim?

Not always. A sign helps the owner, but it may not be enough if the danger was bad or the sign was not placed where you could see it.

Can I get my records if the hospital bill is not paid?

Yes. You have a right to copies of your medical and billing records.⁷

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Sources

CDC, checked 2026-11-08. “Falls lead to nearly half of the TBI-related hospitalizations.”
CDC, checked 2026-11-08. “more than one out of four older people falls each year, but less than half tell their doctor”
CDC, checked 2026-11-08. “about 4.5 million emergency department visits due to older people falls”
CDC, checked 2026-11-08. “83% of hip fracture deaths and 88% of emergency department visits and hospitalizations for hip fractures were caused by falls”
Arizona Revised Statutes 12-557, checked 2026-11-08. “does not owe a duty of care to a trespasser except to refrain from causing intentional, wilful or wanton injury”
eCFR, 39 CFR 912.3, checked 2026-11-08. “A claim under the Federal Tort Claims Act must be presented within two years from the date the claim accrues.”
U.S. Department of Health and Human Services, checked 2026-11-08. “the right to inspect, review, and receive a copy of your medical records and billing records”
U.S. Department of Health and Human Services, checked 2026-11-08. “must act on an individual’s request for access no later than 30 calendar days after receipt of the request”
OSHA, checked 2026-11-08. “All places of employment, passageways, storerooms, service rooms, and walking-working surfaces are kept in a clean, orderly, and sanitary condition.”
OSHA, checked 2026-11-08. “The floor of each workroom is maintained in a clean and, to the extent feasible, in a dry condition.”
OSHA, checked 2026-11-08. “Walking-working surfaces are inspected, regularly and as necessary, and maintained in a safe condition”
OSHA, checked 2026-11-08. “Hazardous conditions on walking-working surfaces are corrected or repaired before an employee uses the walking-working surface again.”
Washington State Department of Labor & Industries, checked 2026-11-08. “A property owner who failed to properly maintain the building where you were working when you were hurt.”

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