Slip and Fall FAQs

Ronald S. Weiss, Attorney & Counselor has represented injured people throughout Michigan and Ohio since 1993, and the questions below are the ones our clients ask most often after a slip and fall. The answers apply in both states. Where a rule differs by state, we make sure to explain accordingly.

If you're seeking more personalized legal advice or representation, we invite you to reach out to our firm. Your initial consultation is free, and we discuss cases by phone no matter where in either state you live.

I fell at a store. Should I file an incident report?

Yes. An incident report creates a written record of the date, the location, and the condition that caused your fall, and the store usually passes a copy to its insurer. Describe what happened accurately and briefly, and ask for a copy before you leave. Do not guess at details you are unsure of, because the insurer will compare the report against every statement you make later in the claim.

Does it matter whether I was on the property for social or business reasons?

It can. The law places visitors into three categories: invitees, licensees, and trespassers. An invitee is on the property for the owner's business, such as a customer in a store, and is owed the highest duty of care, which includes inspecting for hidden hazards. A licensee is a social guest, who must be warned of dangers the owner knows about but is not owed an inspection. A trespasser is owed very little. The category decides what the owner was required to do, so it often decides whether a claim exists.

What was my legal status on the property?

Your status depends on why you were on the property and whether the owner invited or permitted you to be there. A customer in a store, a tenant in an apartment hallway, and a guest at a friend's home can each hold a different status, and the facts of the visit decide it. Because each case is completely different, we can answer this question for your situation during a free phone consultation.

Should I seek medical attention after the accident?

Yes. Seek proper medical attention immediately after the fall, even if the injury seems minor, because fractures, concussions, and soft-tissue injuries often become apparent only after swelling sets in. Prompt treatment limits the severity of the injury, and the medical record becomes the first written account of what happened. Give your doctor a thorough history of the accident, including how you fell and what you struck, because an insurer will argue that a gap in treatment means the injury was not serious.

Should I take photographs of my injuries and the accident scene?

Yes. Photograph your injuries and the hazard that caused the fall as soon as you can, even if you have not decided whether to pursue a claim. If photographing the scene is not possible at the time, take the photographs as soon as you are able. Keeping a written log alongside the photographs helps, because documenting the details of your injuries and pain day by day captures what photographs cannot.

Is there any type of insurance that would be responsible for my injuries?

Generally, yes. A homeowners insurance policy or a commercial liability policy held by the property owner will usually cover a slip and fall claim, and a business tenant's policy may apply as well. Your own health insurance pays the medical bills in the meantime and may seek reimbursement from any settlement. The owner's insurer is not required to tell you the policy limits, so identifying every policy that applies is part of the work our office does when it takes on a claim.

How much are my injuries worth?

The value of a claim depends on the severity and permanence of the injury, the cost of past and future treatment, lost income, the strength of the evidence on how the fall happened, and the insurance available. Two falls that look alike on the day they happen can have very different values once treatment is complete.

Call our office as soon after the fall as possible so the claim is documented properly from the beginning.

Should I make a statement to the homeowner's or store's insurance company if they call?

No, not before you have spoken with an attorney.

The adjuster who calls works for the property owner's insurer, and the purpose of the call is to obtain a recorded account that can be used to limit the claim. Take the adjuster's name and claim number, say that your attorney will contact them, and end the call. The call to our office is free.

Knowing when to contact a personal injury law firm matters most at this stage, because the first contact with the insurer must be handled properly.

How long do I have to pursue a slip and fall claim?

The deadline depends on the state where you fell. In Michigan, an adult has three years from the date of the fall to settle the claim or file a lawsuit under MCL 600.5805. In Ohio, an adult has two years under Ohio Revised Code 2305.10. A child who fell has additional time in both states, because the clock does not start until the child turns 18. A fall on government property, such as a public building or a public sidewalk, carries shorter requirements, including a written notice due within 120 days of the fall in Michigan under MCL 691.1406.

Legal advice is recommended as soon as possible, because surveillance footage and incident reports are often discarded within weeks of a fall.