A slip, trip or fall can happen on a store floor, sidewalk, stairway or other walking surface. Identifying the specific condition is more useful than assuming every fall has the same cause or creates the same legal claim.
Wet floors and unexpected substances
If a liquid or other substance was involved, record where it was and what you observed. Photographs of the wider area may help show warning signs, lighting and the route people were using. Do not guess how long a condition existed if you do not know.
Uneven sidewalks and damaged surfaces
A close-up image can show a defect, but a wider photograph and exact address help identify its location. Keep the date and time. Responsibility for a sidewalk depends on the property and the applicable rules; the NYC Department of Transportation’s sidewalk information provides general background.
Stairs, handrails and lighting
Describe the step involved, the direction you were traveling and any condition you noticed. If a handrail or lighting issue contributed, record what you actually observed. Do not recreate the fall or enter an unsafe area to investigate.
Records that can help after a fall
- Original photographs and video.
- An incident report or the details of a report made to staff.
- Witness contact information.
- The shoes and clothing worn at the time.
- Medical records, bills and related receipts.
Let an attorney know about possible surveillance video or earlier complaints. Conditions can change and recordings may not be kept indefinitely.
An accident is not the same as a finding of liability
The condition, its cause, the responsible parties and other circumstances need review. Our Brooklyn slip, trip and fall page explains the consultation process. If the incident involved an elevator, see our elevator accident page.
Contact our Brooklyn office to discuss your situation. This article provides general information and does not determine responsibility for a particular injury.
Frequently Asked Questions
Does the presence of a hazard automatically establish liability?
No. The condition, responsibility for it and the connection to the injury need assessment under the applicable rules.
What if the surface changed before I could photograph it?
Keep earlier records, witness details and an accurate description of what you observed. Identify later photographs as later rather than presenting them as the original condition.
Should I guess how long a spill had been there?
No. Record what you know and where the information came from. The length of time a condition existed may require other evidence.