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.
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.
Visual documentation of the hazard is essential. Take photos and videos immediately after the fall, or have someone else do it if you cannot.
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.
Identify and obtain contact information for anyone who saw your fall or the hazard:
For some hazards (uneven surfaces, stairs, steps), measurements strengthen your claim:
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 means the owner or employees knew about the hazard before your fall:
Constructive notice means the owner should have known about the hazard through reasonable inspections:
Request these records in your demand letter or via litigation discovery:
Code violations support negligence per se arguments in many states:
Comprehensive medical documentation is essential for proving the nature, extent, and permanence of your injuries. Gaps in treatment or delayed care hurt your claim.
Proving your injuries are permanent or long-lasting increases settlement value:
You need itemized billing to prove economic damages:
Many states limit recovery to amounts actually paid, not billed charges:
Document all income lost due to your injuries:
For permanent injuries affecting your ability to work:
All injury-related expenses beyond medical bills and lost wages:
Different fall scenarios require different evidence focus. Tailor your evidence gathering to your specific situation:
Critical evidence is often destroyed, overwritten, or lost within days or weeks of an incident. Send preservation letters immediately to prevent spoliation.
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.
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:
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]
| 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 |