Slip-and-fall cases are won and lost on evidence. Lawyers can argue facts. They cannot manufacture them. The cases that produce real settlements share the same evidence patterns — and the cases that fail share the same gaps. This is a checklist of the evidence that actually wins, organized by what to do at the scene, in the days that follow, and in the weeks before filing.

At the Scene: The First 30 Minutes

Photos of the hazard. Multiple angles, close-up and wide. Capture color, size, location, and any tracking marks. Get the lighting in frame.

Photos of the surrounding area. The aisle, the entryway, the stairwell — anything that helps anchor where the fall happened.

Photos of warning signs (or the absence of them). If no caution sign was placed near a wet floor, that absence is itself evidence.

Photos of your shoes. Soles especially. Prevents arguments about footwear.

A photo of any incident report number, manager’s name tag, and store identifier. Anchors the time, place, and personnel.

Witness Information

Names. Full names if possible.

Phone numbers and email addresses. Get them at the scene. Witnesses become unfindable quickly.

Brief notes on what they saw. A two-sentence text from the witness later that day, sent to your own phone, can be important corroborating evidence.

The Incident Report

Insist that one be created. Do not leave the property without confirming a report has been filed.

Get a report number or written confirmation. If the manager will not provide a copy on the spot, request one in writing through corporate.

Note who else witnessed the report being created. Other employees, other patrons, anyone who can later confirm the report was made.

Save your follow-up emails. Any communication with management about the fall, even casual texts, may be useful.

Surveillance Video Preservation

Identify whether cameras cover the area. Most modern commercial settings have surveillance, often visible.

Send a preservation letter quickly. Within days, not weeks. Most retention windows are 14 to 30 days. Some restaurants and small businesses overwrite within 7 days. The letter should specify the date, time, location, and request preservation of footage covering both the fall and the prior 24 hours.

If the video disappears. Document the request, the response, and the timeline. Spoliation arguments can later support an adverse inference at trial.

Medical Records and the Treatment Timeline

Initial visit within 24 to 48 hours. Same-day or next-day medical care creates a record connecting the fall to the symptoms.

Tell every provider how the injury happened. “I slipped on a wet floor at [Store] on [Date].” That language gets recorded in the chart.

Attend every follow-up appointment. Treatment gaps are the single most exploited evidence point in defense playbooks.

Imaging. X-rays, MRIs, and CT scans become the foundation of injury valuation. Make sure recommended imaging actually happens.

Specialist referrals. Follow through on referrals to orthopedics, neurology, physical therapy, or pain management. A primary-care record alone is rarely enough for serious cases.

Maintenance, Sweep, and Inspection Records

This evidence comes through the lawsuit (in discovery), but the plaintiff’s attorney needs to know what to ask for:

• Sweep logs for the day of the fall and the prior 30 days.
• Maintenance request history for the area where the fall occurred.
• Incident reports for prior similar incidents at the same location.
• Employee training materials on hazard inspection and cleanup.
• Vendor invoices for cleaning, snow removal, or pavement repair.
• Inspection schedules showing the company’s own policy for hazard checks.

Gaps, inconsistencies, and missing records are themselves powerful evidence of breach.

Photographs Taken Days or Weeks Later

Returning to the scene shortly after the fall to photograph the same area can preserve evidence of:

Long-standing conditions — cracked tile, missing handrails, worn stair treads — that show the hazard was not a one-time event.

Pattern conditions — a leaking refrigerator case that was still leaking three days later, an icy walkway untreated again after the next storm.

Repairs made after the fall. While “subsequent remedial measures” are not always admissible to prove negligence, photos of the changes can support credibility and timeline arguments.

Wage Loss Documentation

Pay stubs from before and after the fall. Three months of each, ideally.

Time-off records. HR documentation of missed work days, leave usage, and accommodations.

Doctor notes excusing work. Tied to the dates missed.

Tax returns. For self-employed claimants or those with variable income, two to three years of returns establish a baseline.

Employer statements. A written statement from a supervisor confirming the absence and any duty restrictions.

Out-of-Pocket Expenses

Often overlooked but recoverable:

• Co-pays and deductibles paid out of pocket.
• Mileage to and from medical appointments.
• Prescription costs.
• Medical equipment (braces, crutches, ice machines).
• Home modifications during recovery (temporary handrails, shower seats).
• Childcare or household help needed because of the injury.
• Transportation costs if you could not drive.

Keep receipts. A spreadsheet log running from the date of injury through resolution is invaluable at settlement time.

Photos and Evidence of Pain and Limitation

Non-economic damages are real damages. Documenting them helps:

A pain journal. Brief daily entries about pain levels, activities you could not do, sleep disruption.

Photos of bruising, swelling, and surgical scars. Healed photos taken weeks and months after.

Photos of activities you used to do. Hiking, gardening, lifting grandchildren — activities now limited.

Statements from family and friends. Brief written observations of how the injury changed daily life.

Pre-Existing Condition Records

Defense attorneys will subpoena prior medical records. Get ahead of this by knowing what is in them. Tell your attorney upfront about prior back injuries, prior knee surgeries, prior workers’ comp claims, prior auto accidents.

The defense argument is not “you had a prior injury so you have no case” — it is “your symptoms come from the prior injury, not this one.” That argument is countered with imaging comparing pre- and post-fall, and with treating-physician testimony tying the new symptoms to the new event.

Expert Witnesses

Larger cases often involve experts:

• Treating physicians — on causation and prognosis.
• Independent medical experts — for specific orthopedic, neurological, or psychological opinions.
• Human factors experts — on what a reasonable person would have noticed and avoided.
• Biomechanical experts — on the force of the fall and resulting injury.
• Vocational experts — on impact to earning capacity.
• Economists — on present-value calculations of future losses.

What Plaintiffs Often Forget

The evidence categories most commonly overlooked:

Cellphone metadata. Photo timestamps and location data from your own phone confirm when and where the fall happened.

Social media posts. Both yours (which the defense will pull) and others’ — sometimes other people post about the same hazard at the same business.

Online reviews. Public reviews mentioning the same condition (a slippery floor, an icy walkway, a broken step) help establish the chronic nature of the hazard.

Weather data. NOAA hourly observations for the exact location and time of the fall, especially in winter cases.

Building permits and inspection records. Code violations and recent renovations at the property may matter.

Practical Bottom Line

Strong cases are not lucky. They are built methodically from evidence preserved early. Photos, witnesses, medical records, preservation letters, and a timeline log are not legal work — they are the foundation an attorney needs to do their job. The earlier you start, the more there is to work with.