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

It depends on the state. Most states allow between one and six years for injury claims. Falls on government property, including public sidewalks and transit stations, often require a written notice of claim within a few months, so check that deadline immediately.

The store says I should have watched where I was going. Does that end my claim?

Usually not. Most states use comparative fault, which reduces a recovery by your share of fault rather than barring it, as long as your share stays below the state's cutoff. Store displays and promotions that draw attention away from the floor can also weaken this argument.

Can I bring a claim if I fell at a friend's house?

Possibly. Homeowner's insurance usually covers injuries to guests caused by a dangerous condition the homeowner knew about. Many people worry about suing a friend, but in practice the claim is usually paid by the insurance company, not the friend personally.

Can I sue my landlord for a fall in my apartment building?

Landlords are generally responsible for common areas such as stairways, hallways, lobbies, and parking lots, and in many states for repairs they were told about inside a unit. The lease and any written repair requests are important evidence.

Slip and Fall Lawyer | Premises Injury Claims

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Slip and Fall Lawyer

Fighting for Your Rights

A slip and fall lawyer represents people injured by a dangerous condition on property owned or controlled by someone else, such as a wet floor in a store, a broken stair in an apartment building, or an icy walkway at a hotel. These cases fall under premises liability law. To win, the injured person usually has to show that the owner knew or should have known about the hazard and did not fix it or warn about it in time. Onal Injury Law reviews slip and fall cases from anywhere in the United States.

Key facts at a glance

Slips, trips, and falls caused 844 work deaths in 2024 alone, according to the U.S. Bureau of Labor Statistics, and falls are a leading cause of emergency room visits nationwide.
Most states require proof that the property owner had actual or constructive notice of the hazard.
The duty owed depends in many states on whether you were a customer, a social guest, or a trespasser. California and some other states use a single standard of reasonable care.
Store video and incident reports are often the most important evidence, and video is commonly recorded over within days or weeks.
Falls on government property usually require a written notice of claim within a short period, sometimes a few months.

What do you have to prove in a slip and fall case?

Falling on someone's property does not by itself make the owner responsible. In most states, the injured person has to prove four things. First, the owner or the party in control of the property owed them a duty of care. Second, a dangerous condition existed. Third, the owner knew about it or should have known about it with reasonable inspection. Fourth, the condition caused the fall and the injuries.

The third element, notice, is where most cases are won or lost. Actual notice means the owner knew, for example because an employee saw the spill or a customer reported it. Constructive notice means the hazard was there long enough that a reasonable owner would have found it. Evidence such as footprints through a spill, dirt in a puddle, or a cleaning log with a long gap can show how long a hazard was present.

Some states also recognize a "mode of operation" rule for self-service businesses. Where a store's way of doing business makes certain spills predictable, such as a produce section or a self-serve drink station, the injured person may not have to prove notice of the specific spill.

Does it matter why you were on the property?

In many states, yes. The traditional rule divides visitors into three groups. Invitees, such as customers in a store, are owed the highest duty, including reasonable inspection for hazards. Licensees, such as social guests, are owed a warning about hazards the owner knows of. Trespassers are owed the least, with special rules for children. California, and several other states, have replaced these categories with a single duty of reasonable care to everyone, with the visitor's status treated as one factor among many.

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Who can be responsible

for a fall?

Depending on the property, responsibility can fall on the business that operates the space, the property owner or landlord, a property management company, a cleaning or maintenance contractor, a snow removal contractor, or a government agency for public sidewalks, buildings, and transit stations. Leases and service contracts often decide which of these parties was responsible for the area where you fell, so those documents are requested early in the case.

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What are common

slip and fall hazards?

The hazards we see most often include wet or recently mopped floors with no warning sign, spilled food or liquid in grocery stores and restaurants, loose or torn mats and carpeting, broken or uneven stairs and missing handrails, poor lighting in stairwells, parking garages, and hallways, cracked or uneven sidewalks and parking lots, ice and snow that was not cleared or treated, and merchandise or boxes left in store aisles.

Snow and ice rules vary a great deal. Some states give owners time to clear ice after a storm ends, often called a storm in progress rule, and some places put sidewalk responsibility on the adjoining owner while others put it on the city.

What about the "open and obvious" defense?

Property owners often argue that the hazard was so obvious that the injured person should have seen it and avoided it. In some states that argument can defeat a claim entirely. In others, it is weighed as part of comparative fault, which reduces the recovery rather than ending it. Lighting, distractions created by the business, and whether there was a safe way around the hazard all affect how this defense plays out.

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What evidence should you save

after a fall?

Report the fall to the manager or owner before you leave and ask for a copy of the incident report, or at least take a photo of it. Take photos of the exact spot, the hazard, your shoes, and the lighting, from several angles. Get names and numbers from anyone who saw the fall or the hazard beforehand. Keep the shoes and clothing you were wearing.

Ask in writing that the business preserve its video. Most stores, hotels, and apartment buildings have cameras, and many systems record over themselves in days or a few weeks. A preservation letter from a lawyer is often the difference between having video and losing it. Our article on injuries at short-term rentals covers falls at vacation properties.

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What injuries

do falls usually cause?

Falls often cause wrist, hip, ankle, and shoulder fractures, knee injuries, back and neck injuries, and head injuries, including traumatic brain injuries when the head strikes the floor. For older adults, a hip fracture can change the ability to live independently. A full claim accounts for surgery, therapy, future care, and the effect on daily life. Falls inside a care facility are covered on our nursing home negligence page.

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Slip and fall cases

in other states

Many falls happen while people are traveling, at hotels, airports, rental properties, and stores in other states. We review slip and fall cases from anywhere in the country. When a case has to be filed where we do not have an office, we work with locally admitted counsel in that state. If you were hurt by a crime on poorly secured property rather than a fall, see our negligent security page.

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Slip and fall questions

people ask us

How long do I have to file a slip and fall lawsuit?
It depends on the state. Most states allow between one and six years for injury claims. Falls on government property, including public sidewalks and transit stations, often require a written notice of claim within a few months, so check that deadline immediately.
The store says I should have watched where I was going. Does that end my claim?
Usually not. Most states use comparative fault, which reduces a recovery by your share of fault rather than barring it, as long as your share stays below the state's cutoff. Store displays and promotions that draw attention away from the floor can also weaken this argument.
Can I bring a claim if I fell at a friend's house?
Possibly. Homeowner's insurance usually covers injuries to guests caused by a dangerous condition the homeowner knew about. Many people worry about suing a friend, but in practice the claim is usually paid by the insurance company, not the friend personally.
Can I sue my landlord for a fall in my apartment building?
Landlords are generally responsible for common areas such as stairways, hallways, lobbies, and parking lots, and in many states for repairs they were told about inside a unit. The lease and any written repair requests are important evidence.
Can you help if I fell in another state?
Yes. We review cases nationwide. When a case must be filed in a state where we do not have an office, we work with locally admitted counsel there so the case is filed in the right court under the right law.

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FIGHTING FOR JUSTICE IN ALL PERSONAL INJURY CASES

Personal injury cases are complex and deeply consequential. Each one involves specific facts, medical realities, and long-term implications for the person affected. Our New Jersey personal injury lawyers bring experienced judgment and disciplined preparation to every matter we handle.

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