Evidence Checklist Slip Trip Fall Claims

Published: December 4, 2025 • Demand Letters

Evidence Checklist

Slip, trip, and fall claims

Building a strong slip and fall case: The success of your premises liability claim depends on the quality and completeness of your evidence. Property owners and insurers will dispute liability, notice, and damages. You need comprehensive documentation of the incident scene, the hazard, your injuries, and the owner’s knowledge.

This checklist covers evidence gathering for all types of slip, trip, and fall claims: stores and restaurants, apartment buildings, public property, parking lots, and outdoor walkways. The earlier you collect evidence, the stronger your claim—hazards get fixed, video gets overwritten, and memories fade.

I use this evidence framework when building demand letters and litigation files. This checklist applies nationwide. For California-specific evidence considerations (Government Claims Act, building code citations, Howell medical billing), see the California-specific guides.

Incident and scene evidence

The most critical evidence is what you collect immediately after the fall—photos, videos, witness contact information, and incident reports. This evidence is perishable: hazards get fixed, video gets overwritten, and witnesses disappear.

Photos and videos of the hazard

Visual documentation of the hazard is essential. Take photos and videos immediately after the fall, or have someone else do it if you cannot.

Wide-angle shots: Show entire scene, surrounding context, lighting conditions, warning signs (or lack thereof)
Close-ups of hazard: Spill, crack, debris, uneven surface, broken step, missing handrail, poor lighting
Multiple angles: Front view, side view, angle you were approaching from when you fell
Scale reference: Include coin, ruler, or your foot to show size of crack, puddle, or step height
Hazard details: Debris in liquid (shows it’s been there a while), rust, weathering, visible deterioration
Warning signs (or lack thereof): Photograph area to show no wet floor cones, caution tape, or warnings were present
Lighting conditions: If poor lighting contributed, take photos/video at same time of day to show how dark it was
Your footwear: Photograph shoes you were wearing to show they were reasonable and appropriate

Time-sensitive: Stores, landlords, and property managers often clean spills, fix hazards, or install warning signs within hours or days of an incident. Take photos immediately—you may not get a second chance.

Incident reports

If the property owner, manager, or employees create an incident report, request a copy immediately. Incident reports often contain admissions or descriptions of the hazard favorable to your claim.

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Store/restaurant incident reports

Retail stores, groceries, and restaurants typically have formal incident report forms. Request copy at scene. If refused, note manager’s name and request it in writing later.

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Landlord/property manager reports

Apartment buildings may have incident logs or maintenance reports. Request from property manager or landlord. Note date, time, who you spoke to.

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Police reports

If police or EMS responded, obtain police report and ambulance run sheet. These provide contemporaneous documentation and may contain witness statements.

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Emergency services run sheets

If ambulance transported you, obtain EMS run sheet. Documents your immediate injuries, pain level, mechanism of injury, and scene conditions.

Witness information

Identify and obtain contact information for anyone who saw your fall or the hazard:

Eyewitnesses to the fall: Name, phone number, email, address. Ask if they’re willing to provide written statement.
People who saw hazard before fall: “I saw that spill earlier” or “I almost tripped there yesterday”
Employees who responded: Names of store employees, managers, security guards who assisted you or were present
First responders: Paramedics, EMTs, police officers who responded (get badge numbers, incident report numbers)
Other customers/tenants: Anyone in the area who can corroborate your account or the hazard’s presence

Ask witnesses to take photos: If you’re injured and unable to photograph the scene yourself, ask witnesses or bystanders to take photos and send them to you. Provide your phone number or email immediately.

Scene measurements and documentation

For some hazards (uneven surfaces, stairs, steps), measurements strengthen your claim:

Stair riser heights: Measure each step in a flight to show inconsistent heights (building code violations)
Crack or gap width/depth: Measure width and depth of cracks, gaps, or holes in walkways
Puddle or spill size: Note approximate size and depth of liquid hazard
Lighting levels: Note time of day, whether lights were on/off, which lights were burned out
Weather conditions: Temperature, rain, ice, snow (for outdoor falls). Check weather reports for that date/time.

Notice and liability evidence

Proving the property owner is liable requires showing they knew or should have known about the hazard. This is often the hardest element to prove, so gather all possible notice evidence.

Actual notice evidence

Actual notice means the owner or employees knew about the hazard before your fall:

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Employee created hazard

Witness testimony or video showing employee spilled liquid, left box in aisle, or caused the dangerous condition.

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Employee saw hazard

Witness saw employee walk past spill without cleaning or placing warning cone. Security footage showing employees near hazard.

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Prior complaints

Your written complaints (emails, texts, maintenance requests) or other customers’/tenants’ complaints about same hazard.

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Surveillance video

Security camera footage showing when hazard appeared, how long it existed, and whether employees saw it.

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Prior repair attempts

Work orders, invoices, or receipts showing owner attempted (but failed) to fix the hazard. Proves actual knowledge.

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Prior incident reports

Records of other customers or tenants who fell or complained in same location. Shows owner knew area was dangerous.

Constructive notice evidence

Constructive notice means the owner should have known about the hazard through reasonable inspections:

Duration evidence: How long did hazard exist? Debris in liquid, rust, weathering, fading, or witness testimony (“I saw that spill earlier today”)
Lack of inspection records: Request sweep logs, inspection sheets, or maintenance records. If owner can’t produce them, argue inadequate inspection procedures.
Inadequate inspection frequency: Compare owner’s inspection policy (e.g., “sweep every 2 hours”) to industry standards and nature of business (high-traffic produce section needs more frequent sweeps)
No employee presence: Long aisles, remote stairwells, or areas with infrequent employee patrols suggest hazard could have existed undetected
Recurring problem: Similar hazards occur frequently in this location (leaky roof, recurring spills, chronic drainage problem)

California Ortega rule: In California, stores can be liable based on circumstantial evidence they failed to maintain reasonable inspection procedures, even without proof of how long hazard existed. See California-specific guides for details.

Maintenance and inspection records

Request these records in your demand letter or via litigation discovery:

Sweep logs: Time-stamped records of when employees inspected/cleaned areas
Maintenance schedules: Floor waxing, mat replacement, lighting checks, stairway inspections
Work orders: Repair requests, completion dates, contractor invoices
Janitorial contracts: Third-party cleaning companies, scope of work, inspection requirements
Employee schedules: Who was assigned to the area when you fell? Who was supposed to be inspecting?
Training materials: Safety training, hazard identification protocols, spill response procedures

Building codes and regulatory violations

Code violations support negligence per se arguments in many states:

Building code violations: Stair riser heights, handrail requirements, lighting standards, slip-resistance requirements
Health code violations: Sanitation, water intrusion, mold, drainage
Fire code violations: Exit lighting, emergency egress, blocked walkways
OSHA citations: For workplace falls, OSHA inspection reports and citations
Prior city/county inspections: Building department, health department, or code enforcement citations

How to obtain inspection records: Contact your city or county building department, health department, or code enforcement. Request all inspection reports and citations for the property address. Some jurisdictions make these records available online.

Medical and injury evidence

Comprehensive medical documentation is essential for proving the nature, extent, and permanence of your injuries. Gaps in treatment or delayed care hurt your claim.

Immediate aftermath documentation

Photos of visible injuries: Bruises, swelling, cuts, scrapes, deformity. Take photos immediately after fall and daily as injuries develop/heal.
EMS/ambulance records: Run sheets, vital signs, patient care reports, transport records
Police report: May document visible injuries and mechanism of injury
Witness observations: Witnesses’ descriptions of your visible pain, inability to walk, immediate distress

Emergency and acute care records

Emergency room records: Triage notes, physician examination, imaging orders, diagnoses, discharge instructions
Urgent care records: If you went to urgent care instead of ER
Imaging reports: X-rays, CT scans, MRIs showing fractures, internal injuries, soft tissue damage
Hospital admission records: If you were hospitalized, admission notes, daily progress notes, nursing records, discharge summary
Surgery records: Operative reports, anesthesia records, pre-op and post-op notes

Ongoing treatment documentation

Primary care physician notes: Follow-up visits, referrals to specialists, medication management
Specialist records: Orthopedists, neurologists, pain management, physiatrists (PM&R)
Physical therapy records: PT evaluation, treatment plans, progress notes, discharge summary
Occupational therapy: OT for activities of daily living, work conditioning
Chiropractic records: If receiving chiropractic care (note: some insurers discount chiropractic)
Mental health treatment: If fall caused PTSD, anxiety, depression, or other psychological injuries

Prognosis and permanency

Proving your injuries are permanent or long-lasting increases settlement value:

Physician opinions on permanency: Will you have permanent limitations? Chronic pain? Ongoing need for treatment?
Functional capacity evaluations (FCE): Independent medical exams assessing your ability to perform work and daily activities
Independent medical examinations (IME): Exams by specialists retained by your attorney to provide expert opinions
Life care plans: For catastrophic injuries, expert reports estimating future medical needs and costs

Treatment gaps hurt your claim: Insurers will argue that gaps in treatment mean you weren’t seriously injured. If you stopped treatment, document why (couldn’t afford, moved, completed treatment, no further improvement possible).

Pre-existing conditions: If you had prior injuries to the same body part, insurers will argue your current injury is pre-existing. Be transparent with your doctors about prior injuries. Your claim is for aggravation of pre-existing condition, not the pre-existing condition itself.

Medical billing records

You need itemized billing to prove economic damages:

Itemized hospital bills: Line-item charges, not just summary totals
Physician and specialist bills: Office visits, procedures, injections
Imaging and lab bills: X-rays, MRIs, CT scans, blood work
Physical/occupational therapy bills: Per-session charges
Prescription medication receipts: All prescriptions related to your injuries
Medical equipment costs: Crutches, walkers, braces, orthotics
Home health care costs: If you required in-home nursing or assistance

Insurance adjustments and payments

Many states limit recovery to amounts actually paid, not billed charges:

EOBs (explanation of benefits): From health insurance showing billed amount vs paid amount vs patient responsibility
Proof of payment: Credit card statements, checks, receipts showing what you actually paid out-of-pocket
Outstanding balances: Bills you’re responsible for but haven’t paid yet (include these in demand)

California Howell rule: California limits economic damages to amounts actually paid or incurred by insurance, not full billed charges. Provide both billed and paid amounts in California demands.

Economic loss evidence

Lost wages and income

Document all income lost due to your injuries:

Employer letter: Written statement from employer confirming dates missed, hourly rate or salary, total wages lost
Pay stubs: Before and after injury to show regular earnings
Tax returns: For self-employed claimants (W-2s, 1099s, Schedule C)
Time sheets or attendance records: Showing days missed due to injury
PTO/sick leave records: If you used paid time off for injury-related absences (still compensable loss)
Reduced hours documentation: If you returned to work but with reduced hours or light duty

Loss of earning capacity (future earnings)

For permanent injuries affecting your ability to work:

Vocational expert opinions: Expert reports analyzing impact on your future earning ability
Physician work restrictions: Permanent limitations (no lifting over 20 lbs, no prolonged standing, etc.)
Career impact evidence: Documentation of promotions missed, inability to perform job duties, forced career change
Economic expert reports: Present value calculations of future wage loss

Out-of-pocket expenses

All injury-related expenses beyond medical bills and lost wages:

Transportation costs: Mileage to medical appointments, parking, tolls, rideshare/taxi (keep receipts)
Prescription co-pays: Receipts for all medications
Medical equipment: Crutches, walkers, wheelchair, braces, ice packs, heating pads
Home modifications: Grab bars, ramps, shower chair, stairlift (if permanent disability)
Household services: If you had to hire help for cleaning, yard work, childcare due to injuries
Property damage: Clothing, glasses, phone, or other items damaged in fall

Keep detailed expense log: Create spreadsheet tracking every injury-related expense, date, amount, and category. Attach all receipts. This makes your demand letter more credible and simplifies settlement negotiations.

Evidence by scenario

Different fall scenarios require different evidence focus. Tailor your evidence gathering to your specific situation:

Store and restaurant falls

Incident report: Store’s own report documenting hazard
Surveillance video: Send immediate preservation letter demanding video be saved
Sweep logs: Request inspection records showing (or failing to show) recent sweeps
Employee witness statements: Names of employees who responded or were present
Customer receipts: Proves you were lawful customer at time of fall
Mode of operation evidence: Photos of self-service areas (produce, salad bar, beverage displays) where spills are foreseeable

Apartment and residential property falls

Your complaint history: Emails, texts, maintenance requests reporting the hazard to landlord
Other tenants’ complaints: Statements from neighbors who also complained about same hazard
Lease provisions: Clauses assigning maintenance responsibility to landlord
Work orders and repair history: Prior attempts to fix hazard (proves notice)
Building code violations: City/county inspection reports, citations
Habitability issues: If hazard also violated state habitability statutes (mold, leaks, unsafe stairs)

Stairway and elevation change falls

Measurements: Riser heights (each step in flight), tread depths, handrail height and graspability
Building codes: Local code requirements for stairs, handrails, lighting
Photos with scale: Ruler or tape measure in photo showing code violations
Lighting documentation: Photos at same time of day showing inadequate illumination
Prior complaints: Other people who tripped on same stairs

Outdoor and weather-related falls

Weather data: National Weather Service reports for date/time of fall (temperature, precipitation, ice/snow)
Property maintenance records: Snow removal contracts, salting/sanding logs, drainage maintenance
Photos of ice, snow, or standing water: Take immediately (conditions change quickly)
Storm timing: When did precipitation occur relative to your fall? How long did owner have to address?
Recurring drainage problems: Photos showing chronic pooling or ice formation in same location

Lighting-related falls

Photos/video in low light: Show how dark area was at time of fall
Which lights were out: Identify specific fixtures, number of burned-out bulbs
Prior complaints about lighting: Your complaints or other tenants’/customers’ complaints
Building code lighting requirements: Minimum footcandle requirements for stairs, corridors, parking areas
Security issues: If lighting failure contributed to crime, document prior incidents

Public property falls

Government claims deadline: Many states require tort claim filed within 6 months to 1 year
Public entity identification: Determine whether city, county, state, school district, or transit authority owns property
Prior complaints to government: 311 reports, public works requests, constituent complaints
Inspection records: Government inspection logs, public works maintenance schedules
Prior incident reports: Other falls or complaints at same location (FOIA request may be needed)

Evidence preservation and spoliation

Critical evidence is often destroyed, overwritten, or lost within days or weeks of an incident. Send preservation letters immediately to prevent spoliation.

Spoliation: Destruction of evidence

Spoliation is the destruction, alteration, or failure to preserve evidence relevant to anticipated litigation. If a property owner destroys evidence after being put on notice of your claim, courts may impose severe sanctions.

Perishable evidence: Surveillance video is typically overwritten in 7-90 days. Sweep logs may be discarded monthly. Hazards get repaired immediately. Send preservation letters within days of your fall, not months.

What evidence to preserve

Surveillance video: Security cameras, dash cams, body cams, doorbell cameras
Sweep and inspection logs: Paper or digital records of inspections, maintenance, cleaning
Maintenance records: Work orders, repair invoices, contractor agreements
Employee schedules: Who was working at time of incident, who was responsible for area
Incident reports: All reports related to your fall or prior falls in same location
Physical evidence: Broken handrail, defective mat, clothing/merchandise that caused trip, water source if leak
Training materials: Employee safety training, hazard identification protocols
Prior complaints: Customer/tenant complaint logs, 311 reports, emails

How to send preservation letters

Send immediately (within 1-7 days of fall)

Don’t wait weeks or months. Evidence gets destroyed quickly. Send preservation letter within days of your fall.

Send to all potentially responsible parties

Send to property owner, property manager, corporate headquarters, and any known insurer. Include all parties who may control relevant evidence.

Use certified mail with return receipt

Proof of delivery is critical for spoliation arguments. Use certified mail, email with read receipt, or both.

Be specific about evidence to preserve

List specific types of evidence: “All surveillance video from cameras covering [location] from [time] to [time],” “All sweep logs for [area] on [date],” etc.

Warn of spoliation consequences

Note that destruction of evidence may result in adverse inference at trial, sanctions, or separate claim for intentional spoliation.

Spoliation remedies vary by state: Some states allow separate tort claims for spoliation. Others impose evidentiary sanctions (adverse inference instruction, dismissal of defenses). Consult local law or an attorney for your state’s spoliation rules.

Sample preservation letter language

Subject: Preservation of Evidence – [Your Name] – Incident on [Date]

Dear [Property Owner/Manager],

I am writing to demand preservation of all evidence related to my slip and fall injury that occurred on [Date] at [Time] at [Location]. I intend to pursue a premises liability claim for injuries sustained due to [describe hazard: wet floor, broken stair, etc.].

You are hereby notified to immediately preserve and do not destroy, alter, or discard the following evidence:

All surveillance video from cameras covering [specific area] from [time range]
All sweep logs, inspection records, and maintenance schedules for [area] from [date range]
All incident reports related to this fall or prior falls in this location
All work orders, repair invoices, and contractor records related to [hazard]
All employee schedules showing who was assigned to [area] on [date]
All prior complaints from customers/tenants regarding [hazard or location]

Destruction or alteration of this evidence may result in adverse inference at trial, sanctions, and potential liability for intentional spoliation. Please confirm in writing within 5 business days that you have taken steps to preserve all responsive evidence.

Sincerely,
[Your Name]
[Date]

Need help preserving evidence or building your slip and fall case?

I send preservation letters and build comprehensive evidence files for premises liability claims.

Email: owner@terms.law

Evidence checklist summary

Evidence Category	Key Items	Timing
Incident & Scene	Photos, videos, incident reports, witness contact info, measurements	Immediately (same day)
Notice & Liability	Complaints, sweep logs, repair history, code violations, surveillance video	Within days (send preservation letters)
Medical & Injury	ER records, imaging, specialist notes, PT records, prognosis, injury photos	Ongoing (request records after treatment)
Economic Loss	Medical bills, EOBs, wage loss letters, receipts, out-of-pocket expenses	Ongoing (organize as incurred)
Preservation Letters	Certified letters demanding preservation of video, logs, reports, physical evidence	Within 1-7 days of fall