Slip and Fall Accident? The 5 Things You Must Do in the Next 48 Hours
You're hurt. You're shaken. And the clock is ticking.
If you're reading this from a parking lot, an ER waiting room, or your couch with an ice pack—stop scrolling and do these 5 things NOW. Evidence disappears fast. Witnesses forget. And Iowa law doesn't wait.
THE 48-HOUR CHECKLIST: Do These in Order
1. REPORT IT AND GET THE INCIDENT REPORT NUMBER
Before you leave the scene: Find the manager, property owner, or supervisor. Tell them exactly what happened and where. Demand they create an incident report.
Get the report number. Write it down. Take a photo of their business card. If they refuse to give you a copy on the spot, that's a red flag—but don't argue. Just document that you reported it.
Why this matters: No report = no proof the fall ever happened. Insurance companies deny claims without documentation.
2. PHOTOGRAPH EVERYTHING BEFORE THEY CLEAN IT
Your phone is your best witness right now. Take photos of:
- The exact spot where you fell
- What caused it (spill, ice, uneven pavement, loose mat, poor lighting)
- Your shoes and clothing
- Any warning signs (or lack of them)
- The surrounding area
Do this immediately. Spills get mopped. Ice melts. Mats get repositioned. Once it's gone, it's gone forever.
Pro tip: If you're too injured to do this yourself, text a friend or family member to come do it NOW.
3. GET WITNESS CONTACT INFO
Did anyone see you fall? Get their:
- Full name
- Phone number
- Email address
Bystanders, employees, other customers—anyone. Witnesses leave. They don't come back. Get their info before they walk away.
Don't rely on the store to get witness statements. They work for the property owner, not you.
4. GO TO YOUR DOCTOR—NOT JUST THE ER
The ER patches you up. Your doctor documents your injuries for your case.
Schedule an appointment with your primary care physician within 24-48 hours, even if the ER cleared you. Soft tissue injuries, concussions, and back problems often show up days later.
Tell your doctor: "I fell at [location] on [date]." Get it in your medical record.
Why this matters: Gaps in medical treatment = insurance companies claiming you "weren't really hurt."
5. DO NOT GIVE A RECORDED STATEMENT TO THEIR INSURANCE
The property owner's insurance company will call you—often within 24 hours. They'll sound friendly. They'll say they "just need to get the facts."
Politely decline. Say: "I'm not giving a recorded statement until I've spoken with an attorney."
Then hang up.
Why this matters: They're trained to get you to say things that hurt your case. "I didn't see the ice" becomes "you weren't paying attention." Everything you say is recorded and used against you.
COMMERCIAL VS. RESIDENTIAL: WHAT CHANGES
Fell at a Store, Restaurant, or Business? (Commercial)
- Surveillance footage exists—and it gets deleted on a schedule (often 7-30 days)
- You need a spoliation letter sent immediately to preserve that footage
- Multiple insurance layers may apply (property owner, tenant, maintenance company)
- These cases have value—businesses carry liability coverage
Fell at a Friend's House or Rental Property? (Residential)
- Homeowner's insurance is the target—not your friend personally
- No surveillance footage to preserve
- Claims are against the insurance policy—your friend won't pay out of pocket
- Rental properties: Landlord liability depends on lease terms and who was responsible for maintenance
Bottom line: The legal strategy differs. Don't treat them the same.
IOWA LAW: THE 2-YEAR DEADLINE
Iowa has a 2-year statute of limitations for slip and fall claims. Miss it, and you lose your right to sue forever.
But waiting is dangerous:
- Evidence disappears
- Witnesses become unreachable
- Surveillance footage gets deleted
- Insurance companies dig in
The best cases are built in the first 48 hours.
INJURED IN IOWA? WE'RE HERE NOW.
Don't wait for the insurance company to "do the right thing." They won't. We've seen too many good people get lowballed because they waited too long or said the wrong thing.
Call us now for a free consultation. No fee unless we win.
Available 24/7. Iowa personal injury cases only.