How to Document a Slip and Fall Accident (Evidence Checklist)

If you slip and fall on someone else’s property, what you do in the minutes and hours immediately following the accident has a direct impact on your ability to recover compensation. Florida law demands that injured people affirmatively demonstrate the property owner’s knowledge of the hazard. That burden makes early evidence collection critical.

This guide walks through exactly what to do at the scene, in the hours after, and in the days that follow. Keep it — and if you or someone you know is ever injured, follow it.

At the Scene: Do This Before You Leave

• 1. Do not leave without reporting the incident.: Find the manager, supervisor, or property owner on duty and report your fall before you leave. Ask them to complete a formal incident report. Request a copy. If they decline to give you one, write down the manager’s name, the date and time, and the fact that you requested a copy.
• 2. Photograph the hazard.: Use your phone to photograph the exact location and condition that caused your fall. Capture:

The liquid, debris, or surface defect itself

The surrounding area, showing where you were in relation to exits, displays, and other landmarks

Any wet floor signs — or the clear absence of them

The floor surface and its condition (cracked, uneven, slippery finish)

Take photos from multiple angles and distances. More is better. If the hazard was a liquid, note whether it had discoloration, dried edges, or shoe prints through it — these details help establish how long the substance had been there.

• 3. Photograph your injuries.: If your injuries are visible — bruising, swelling, cuts, or abrasions — photograph them at the scene and again in the days that follow as bruising develops.
• 4. Note the absence of warning signs.: Wet floor signs, cones, or barrier tape are basic safety measures. If there were none — or if they were positioned in a way that did not reasonably alert you to the hazard — document that absence clearly.
• 5. Get witness information.: Look around for anyone who saw the fall or was in the area immediately before it. Ask for their name and phone number. A witness who observed the hazard before you fell — or who heard staff acknowledge the spill — can be critical to establishing the property owner’s knowledge.
• 6. Write down what you remember, immediately.: Your memory will degrade. Before you leave, or as soon as you are settled, write down:

The exact time and location of the fall

What you were doing immediately before the fall

What you saw on the floor or what surface caused the fall

What you felt at the moment of impact

Who was nearby

What employees or staff said to you after the fall

This contemporaneous note is valuable — and it can refresh your memory months later if your case goes to litigation.

In the Hours After: Medical Care and Preservation

• 7. Seek medical care the same day.: Go to urgent care, your primary care physician, or an emergency room — even if you think your injuries are minor. Adrenaline masks pain. Some injuries, including soft tissue damage, spinal injuries, and concussions, do not present with full symptoms for hours or days. A same-day medical record creates a direct link between the fall and your injuries. Delays in treatment give insurers an opening to argue that your injuries were not caused by the accident.
• 8. Preserve your clothing and footwear.: The shoes you were wearing are evidence. The clothing you had on may also be relevant. Place everything in a sealed bag without washing it. Do not throw anything away.
• 9. Contact an attorney.: Contact a personal injury attorney as soon as possible — ideally within 24 hours. One of the most time-sensitive tasks in a slip-and-fall case is demanding that the property owner preserve surveillance footage. Most commercial properties overwrite their video systems within 24 to 72 hours. Your attorney can send a preservation demand — sometimes called a spoliation letter — that puts the owner on legal notice to retain the footage. If they destroy it after receiving that letter, the consequences for their case can be severe.

In the Days That Follow: Avoiding Common Mistakes

• 10. Do not post about the accident on social media.: This cannot be overstated. Photos, videos, or statements you post online can be taken out of context and used against you. A photo of you standing at a family event two weeks after a fall can be used to challenge the severity of your injuries. Avoid discussing your accident, injuries, or claim on any social media platform until your case is resolved.
• 11. Keep all medical records and bills.: Request copies of every medical record, imaging result, diagnosis, treatment note, and bill associated with your injuries. These documents establish the nature and extent of your damages. Organize them in a folder — physical or digital — and share them with your attorney.
• 12. Track your lost time from work.: If your injuries caused you to miss work, document every day you were absent and any reduction in hours or duties. Your employer may need to provide a wage verification letter. Lost income is a compensable damage in a premises liability case.
• 13. Write down how your injuries are affecting your daily life.: Pain and suffering damages are real but hard to quantify without a record. A brief daily note — documenting pain levels, activities you could not perform, sleep disruption, and emotional distress — creates a contemporaneous record that is valuable at settlement or trial.

Why Florida’s Knowledge Standard Makes This Important

Under Florida Statute §768.0755, slip-and-fall claims involving transitory foreign substances require you to show that the business had actual or constructive knowledge of the hazard. The most powerful evidence on this point — surveillance footage, inspection logs, and witness accounts — begins to disappear almost immediately.

Early action is not just good practice. Under Florida law, it is often the difference between a viable claim and one that cannot be proven.

Florida’s Statute of Limitations

You have two years from the date of your accident to file a lawsuit in Florida, under HB 837 (the 2023 tort reform law that reduced the prior four-year period). Do not let this deadline slip.

Contact HLM Injury Lawyers — Free Consultation

Eric A. Hernandez is a former Assistant U.S. Attorney for the Southern District of Florida and former law clerk to Chief Justice Charles T. Wells of the Florida Supreme Court. He has more than 25 years of trial experience and serves clients throughout Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and Broward County. He is bilingual in English and Spanish.

If you have been injured in a slip and fall, call HLM Injury Lawyers at (305) 842-2100 for a free consultation. No fee unless we recover for you.

HLM Injury Lawyers 3301 N. University Dr., Suite 100 Coral Springs, FL 33065 (305) 842-2100