Your health comes first. Seek medical care the same day as the fall, even if your injuries seem minor. Slip and fall injuries — including fractures, spinal damage, traumatic brain injuries, and soft tissue injuries — often worsen in the hours and days after the accident. A same-day medical record connects your injuries directly to the fall and is one of the most important documents in your case.

Report the accident to the property owner, manager, or store supervisor before you leave the premises. Ask that an incident report be completed and request a copy on the spot. If they refuse to give you a copy, write down the name of the person you spoke with, the time, and what was said. This report creates an official record that the accident occurred on their property.

Photograph the exact spot where you fell immediately — before anyone cleans it up, puts out a warning sign, or makes a repair. Photograph the hazard itself (wet floor, uneven surface, broken step, missing handrail, poor lighting), the surrounding area, and any signage or lack thereof. This is critical because property owners often correct the hazard right after an accident, eliminating the physical evidence.

Take photos of all visible injuries at the scene and continue photographing them as they develop over the following days. Bruising, swelling, and lacerations often worsen significantly in the 24 to 48 hours after a fall. A visual record of your injuries strengthens your claim and helps demonstrate the severity of what happened.

Get the names and phone numbers of anyone who saw you fall or who is aware of the hazardous condition. Witnesses who can confirm the floor was wet, the step was broken, or that no warning signs were present provide independent support for your account. Witnesses leave quickly — get their information before they go.

Most businesses record surveillance footage that is automatically overwritten within 24 to 72 hours. If your accident was captured on camera, that footage may be the single most important piece of evidence in your case. Your attorney can send a formal preservation letter immediately demanding the business preserve all footage. Acting quickly is essential — once it is overwritten, it is gone.

Preserve the shoes and clothing you were wearing at the time of the fall — do not wash or discard them. Keep all medical bills, prescription receipts, and records of missed work. Save any communications from the property owner or their insurance company. These documents establish both the cause of your injury and the financial impact it has had on your life.

If the property owner’s insurance company contacts you, do not provide a recorded statement before speaking with an attorney. Adjusters are trained to ask questions designed to minimize your injuries, establish that you were distracted or not paying attention, or suggest the hazard was open and obvious. Anything you say can and will be used to reduce your claim.

Premises liability cases in Louisiana require proving that the property owner knew or should have known about the hazardous condition and failed to correct it or warn you. That standard requires evidence — and evidence disappears fast. Contact an attorney as soon as possible after the accident to protect your right to compensation.

If you leave the premises without reporting the fall to management, the business can later claim the accident never happened or that they had no notice of it. An incident report creates an official record tied to a specific time and location.

Adrenaline and shock can mask pain immediately after a fall. Telling a store manager, bystander, or insurance adjuster that you are fine can be used against you later. Simply state that you have been injured and that you need medical attention.

Insurance companies routinely monitor the social media accounts of claimants. Photos showing you physically active, or comments minimizing your injuries, will be used to undermine your case. Say nothing about the accident online until your claim is fully resolved.

Property owners and their insurers sometimes offer fast, low settlements immediately after an accident — before you fully understand the extent of your injuries or your legal rights. Once you sign a release, you cannot go back for more. A slip and fall attorney can evaluate any offer and tell you whether it is fair.

Under Louisiana law, to recover compensation in a slip and fall case you must generally prove three things: that a hazardous condition existed on the property; that the property owner knew or should have known about it; and that the owner failed to correct the condition or warn visitors. The “knew or should have known” standard — called constructive notice — is often the central battleground in these cases.

In Louisiana, you generally have two years from the date of your slip and fall accident to file a personal injury lawsuit. If your fall occurred on government-owned property — such as a public sidewalk, government building, or municipal facility — the deadline may be as short as 90 days. Missing the deadline typically means losing your right to recover any compensation.

Louisiana follows pure comparative fault. If the property owner argues you were distracted, wearing inappropriate footwear, or ignoring a warning sign, your recovery may be reduced proportionally. For example, if you are found 20% at fault and your damages total $100,000, you recover $80,000. Insurance companies use comparative fault aggressively in slip and fall cases — an attorney protects your share.

Louisiana property owners may argue that a hazard was “open and obvious” — meaning a reasonable person would have seen and avoided it — and therefore they owed no duty to warn. This is a common defense in slip and fall cases. Whether a hazard qualifies as open and obvious depends on the specific facts, including lighting, visibility, and whether the condition was in an area where it would be expected. An attorney can evaluate how this doctrine applies to your situation.

The property owner or the party responsible for maintaining the property may be liable if they knew or should have known about the hazardous condition and failed to fix it or warn visitors. This could be a business owner, a landlord, a property management company, a government entity, or a private homeowner, depending on where the fall occurred.

A wet floor sign does not automatically eliminate the property owner’s liability. If the sign was inadequate, poorly placed, or if the hazard extended beyond the area the sign covered, you may still have a valid claim. The presence of a sign is one factor courts consider, not a complete defense. An attorney can evaluate the specific facts of your situation.

Claims against government entities in Louisiana are governed by different rules and have much shorter deadlines — sometimes as few as 90 days from the date of the accident. You must file a formal notice of claim before you can sue. Missing this deadline can permanently bar your claim. Contact an attorney immediately if your fall occurred on public property.

Generally two years from the date of the accident for private property claims. For claims involving government-owned property, the deadline may be as short as 90 days. Do not wait — evidence disappears and deadlines are strictly enforced.

You may be entitled to economic damages — medical bills, future medical expenses, lost wages, and reduced earning capacity — and non-economic damages including pain and suffering, emotional distress, and loss of enjoyment of life. If your fall resulted in a permanent disability or disfigurement, those damages are also recoverable.

You can still recover under Louisiana’s pure comparative fault rule. Your damages are reduced by your percentage of fault. If you were 25% responsible and your damages total $80,000, you recover $60,000. The property owner’s insurer will push to assign you as much fault as possible — having an attorney counters that strategy.

Nothing upfront. Mansfield Melancon handles slip and fall cases on a contingency fee basis — you pay nothing unless we recover compensation for you. If we win your case or reach a settlement, you pay an agreed percentage of the recovery. If we do not win, you owe us nothing.