This guide is for law firms. If you were injured, contact a licensed attorney in your state.
What should a slip and fall intake call capture?
A slip and fall intake call should capture the hazard, the place, the owner and the record of the fall, before the scene is cleaned up and memories fade. Record each item as the caller says it. The checklist is a list of facts, not questions to debate with someone who may still be in pain.
- Exactly what caused the fall: liquid, ice, a broken step, uneven pavement, poor lighting or a missing handrail
- The business or property name, the address, and where on the property the fall happened
- Whether the property is a store, a home, a workplace, or public property such as a sidewalk, transit station or government building
- Whether anyone took photos of the hazard, and whether there were warning signs or cones
- Whether an incident report was made, who took it, and whether the caller got a copy
- Whether staff said anything about the hazard, such as how long it had been there
- Witness names, and whether the caller noticed cameras
- Injuries, treatment so far, and whether the fall happened at work
Why does the cause of the fall matter so much?
The cause of the fall is the center of a slip and fall case, because the attorney has to judge what the hazard was, how long it was there and whether the owner knew about it. A vague record such as “slipped in a store” gives the attorney nothing to evaluate. A useful record says what the caller slipped on, where it was, what it looked like, whether there were tracks or cart marks through it, and whether a wet-floor sign was out. Each of those details speaks to how long the hazard existed and whether staff should have seen it.
The intake specialist should ask the caller to describe the scene, not to argue the case. Statements from staff are especially worth recording word for word. A manager who said “that leak has been there all week” has given the attorney a fact that no later investigation can recreate. The caller’s footwear, what they were carrying and whether they were looking at a phone also belong in the record, stated neutrally.
What changes when the fall happened on public property?
A fall on public property usually starts a government notice period that is far shorter than the statute of limitations. New York requires a notice of claim against a municipality within 90 days under General Municipal Law § 50-e. California requires a government claim for injury within six months under Gov. Code § 911.2. Texas requires written notice to a governmental unit within six months under Tex. Civ. Prac. & Rem. Code § 101.101. Illinois gives one year to sue a local public entity under 745 ILCS 10/8-101. The general limitations periods are two years in Texas, Florida, California, Illinois and Georgia, and three years in New York.
Callers rarely know who owns a sidewalk, a transit platform or a parking structure. The intake call should record the precise location, the nearest address or cross streets, and any signs or markings, so the attorney can identify the owner. A slip and fall on a city sidewalk 70 days ago in New York is an urgent call, and every Call Della plan sends an urgent-call email to the attorney on call.
Sources: N.Y. General Municipal Law § 50-e, NewYork.Public.Law; Cal. Gov. Code § 911.2, California.Public.Law; Tex. Civ. Prac. & Rem. Code § 101.101, Texas.Public.Law; Ferguson v. City of Chicago (quoting 745 ILCS 10/8-101), Illinois Appellate Court
How does the injured person’s own fault affect a slip and fall claim?
The injured person’s own fault reduces or bars a slip and fall recovery under the same state fault rule that applies to car crashes. According to the Matthiesen, Wickert & Lehrer 50-state chart (updated April 2025), Alabama, Maryland, North Carolina, Virginia and the District of Columbia apply pure contributory negligence, where any fault can bar recovery. Georgia bars a plaintiff 50 percent or more at fault. Texas, Florida and Illinois bar a plaintiff more than 50 percent at fault. California and New York, outside motor vehicle cases, use pure comparative fault.
Defendants in premises cases may argue the hazard was open and obvious or that the plaintiff was not paying attention. Intake cannot answer that argument, but it can capture the lighting, the weather, the caller’s footwear and what they were doing, in neutral words. Our personal injury rules by state table lists each covered state’s rule.
Source: Contributory Negligence and Comparative Fault Laws in All 50 States, Matthiesen, Wickert & Lehrer (2025)
Have any states changed premises liability rules recently?
Yes. Georgia’s SB 68, signed April 21, 2025, set new standards for premises liability claims based on third-party crimes, known as negligent security. According to Kennedys (2025), SB 68 created new standards for negligent security claims. Morris, Manning & Martin (2025) describes the change as amending the standard of care business owners owe patrons for injuries caused by third parties, effective for cases filed after April 21, 2025. Florida’s 2023 HB 837 also moved negligence claims to a two-year limitations period under Fla. Stat. § 95.11.
For a slip and fall, the practical intake points stay the same across states: the hazard, the owner, the record of the fall and the injuries. For a premises case involving an assault or robbery, a Georgia firm’s intake should record what security the property had, such as lighting, cameras, guards or locked gates, because the new standards make those facts central.
Sources: Georgia Enacts Sweeping Tort Reform: Key Takeaways from SB 68, Kennedys (2025); Georgia Governor Brian Kemp Signs Sweeping Tort Reform Into Law, Morris, Manning & Martin (2025); Fla. Stat. § 95.11, Florida.Public.Law
How does Della take slip and fall intake calls after hours?
Della, Call Della’s intake specialist, takes slip and fall calls in the firm’s name nights, weekends and holidays. She asks what caused the fall, who runs the property and what was documented, and records staff statements in the caller’s words. She never gives legal advice. Each call becomes a dossier with a summary, urgency score, recording and transcript, delivered to the dashboard and the 7am morning brief.
The reply is where firms lose callers. According to Lawyers Mutual NC (2019), reporting an ABA Law Practice Division secret-shopper study, lawyers took three or more days to reply to voicemails and online requests 42 percent of the time. See how Della runs after-hours personal injury intake, check the deadlines in our personal injury rules by state table, or look up terms in the PI intake glossary.
Slip and Fall Intake: common questions
Can Della tell a store fall from a fall at someone’s home?
Yes. Della asks where the fall happened and who owns or runs the property: a business, a private home, a landlord, an employer or a public body. The answer tells the attorney which kind of coverage and which deadline may apply, so it is recorded early in the call.
How does Della document whether the owner knew about the hazard?
Della asks factual questions: what the hazard looked like, whether there were signs or cones, whether staff said anything about it, and whether the caller saw cameras. She records staff remarks in the caller’s words. She does not tell the caller whether the owner is liable.
What is the deadline for a slip and fall on public property?
It depends on the state and the entity. New York requires a notice of claim within 90 days, California a government claim within six months, Texas written notice within six months, and Illinois a suit within one year against a local public entity. The general limitations period is longer.
Should intake ask whether the caller was at fault?
Intake should not ask the caller to assign fault. It should record the facts that bear on it, such as lighting, weather, footwear and whether the caller was carrying something or using a phone, in neutral words. The attorney applies the state’s comparative or contributory negligence rule.
What if the fall happened at work?
Della records that the fall happened at work, the employer’s name, and whether the injury was reported. A workplace fall can involve workers’ compensation as well as, or instead of, a premises claim against a third party, so the attorney needs those facts at the callback.