Are Slip and Fall Cases Hard to Win?

I get this question all the time in my practice: "How hard is it to win a slip and fall case?" It's a fair question, and honestly, I wish I could give you a simple yes or no answer. But like most things in law, it depends on the specifics of your situation.

Let me be straight with you from the start - slip and fall cases are generally harder to win than car accident cases. But that doesn't mean they're impossible, and it definitely doesn't mean you shouldn't pursue one if you've been injured.

Why Slip and Fall Cases Are More Challenging

When someone gets hurt in a car accident, there's usually a police report, witnesses, maybe some camera footage, and it's often pretty clear who was at fault. With slip and fall cases, it's a different story entirely.

I've been handling these cases for years, and I can tell you that they often require more legwork upfront. Unlike car accidents that might settle before we even file a lawsuit, most slip and fall cases end up requiring litigation. That means more time, more investigation, and yes, potentially going to court (though most still settle before trial).

The other thing that makes these cases tricky is what I call the "embarrassment factor." Nobody likes falling in public. It's embarrassing, and people often blame themselves. I've had clients tell me they felt like they made a mistake or weren't paying attention. That human tendency to accept responsibility can really hurt a case.

What You Need to Do Right After You Fall

Here's where I see people make mistakes that cost them later. If you slip and fall somewhere - let's say you're shopping at Target and there's a puddle you don't see - you absolutely must report it to someone at the store. Find a manager, find an employee, find somebody.

If you're hurt badly enough that you need an ambulance, that actually helps create a record of what happened. But most of my clients aren't in that situation. They're embarrassed, maybe their pride is hurt more than their body (at first), and they just want to leave.

Don't do that. Even if you have to turn your phone camera on and say "Here I am at Target, here's the spill that caused me to fall," do it. Why? Because stores typically only keep security footage for about 30 days. If you leave without reporting it, you've created what we call a "blind claim" - and those are really hard to prove.

The Medical Treatment Question

Whether or not you think you have a case, if you're hurt, you need to get medical treatment. That's my number one priority for any client - get better first. The legal stuff comes second.

Now, does getting medical treatment help your case? Absolutely. But even if you go to the ER and feel better afterward, and don't want to pursue things further, that's okay. There might still be a small claim there, but it's probably not going to be worth fighting over.

I've handled cases where someone gets burned by something a company spilled, heals up in a couple of weeks, and we still have a decent case. But I've also had people call me about falling at a store, going to the doctor twice with the doctor finding nothing wrong, and wanting $25,000 for it. When they've only got $1,000 in medical bills and prior knee issues, that's just not realistic.

Why Many Firms Have Strict Rules

A lot of bigger personal injury firms won't take a slip and fall case unless you've had surgery or have a fracture. I don't necessarily follow that rule, but I understand why they do it. These cases require more upfront work, often need expert witnesses, and take longer to resolve.

But here's the thing - you might not know the full extent of your injuries right away. Maybe you hurt a disc in your back. That's not a break or surgery initially, but you might end up needing surgery later. That's why I always tell people to call and talk to someone, even if they're not sure they have a case.

When I Review Security Footage

I frequently ask the defendant to let me see the video footage of what happened if they will show it. This is how I assess these cases - by looking at what actually happened. If the store won't show it to me, that's often a red flag that something's wrong.

I've had people call and tell me they slipped at a store, but when I ask what they slipped on, they say they don't know. They looked behind them after falling and didn't see anything. That's challenging, because if you tripped over your own feet, or had bad shoes, or have leg issues that contributed to the fall, it's going to be really hard to prove the store was at fault. If the fall is your fault, there is likely not much of a claim to proceed on.

And here's something people don't always think about - if it comes out that you have ongoing leg problems or balance issues in your medical records, that's going to hurt your case. Those records will have to be disclosed if we move forward.

The Reality of Timeline and Expectations

I want to be honest about what you're signing up for. Because these cases usually don't settle before we file a lawsuit, you're probably looking at a longer process than you might expect. A car accident might resolve within a year, depending on the situation, but slip and fall cases often take longer.

Insurance companies know this. They know these cases cost more to work up and take more time, so they're less likely to offer reasonable settlements early on.

What Makes a Strong Case

The stores and businesses have obligations to keep you safe when you're on their property. In New Mexico, where I practice, they have specific duties to maintain safe premises and follow proper safety procedures. When they fail to do that, and someone gets hurt as a result, that's when you have a strong case.

I find these cases really interesting as a lawyer because each one is so different. A slip and fall at one store versus another store can have completely different facts and legal issues. But what they have in common is that I get to advocate for someone who was hurt because a business didn't do what they were supposed to do.

Should You Still Call a Lawyer?

Look, I've probably said this once or twice already, but if you think you might have a slip and fall case, call somebody. Most personal injury attorneys, myself included, don't charge anything for consultations. You don't know what you don't know. You can call me 505-416-4150.

I've had people call thinking they didn't have much of a case, and it turns out they have a torn rotator cuff that needs surgery, back problems that aren't getting better, and a whole list of issues they weren't even connecting to their fall. They were just worried about getting their medical bills paid.

A Word About Going to Court

I know some people get worried when they hear their case might require filing a lawsuit. They think that means they'll definitely end up in court, but that's not usually what happens. Most cases still settle, even after we file suit. You might have to do a deposition, but I'll coach you through that process.

If you're someone who really doesn't want to go to court, tell your attorney that upfront. A good lawyer will respect your wishes and work with you to settle earlier if that's what you want. Just make sure you have an attorney you trust who will listen to you.

The Bottom Line

So, are slip and fall cases hard to win? Yes, they're more challenging than car accidents. Do they take longer? Usually. Are they impossible? Absolutely not.

The key is knowing what to do right after it happens - report it, document it, get medical care, and don't be embarrassed about seeking help. You might be surprised what kind of case you actually have.

I hope you never need this information, but if you do, at least now you know what to expect and how to protect yourself. Call me for a free consultation about your slip and fall case 505-416-4150.