Collecting Important Evidence After a Fall

Why Evidence Can Make or Break Your Case

A fall happens in a blink, but the consequences don’t. You’re juggling medical visits, time off work, and real pain that keeps interrupting your day. 

If the property owner lets a hazard sit where people walk, you shouldn’t be stuck proving it with guesswork. Evidence turns “I think” into “Here’s what happened,” and yes, that difference changes outcomes.

At Horn Wright, LLP, our slip and fall attorneys help people across New York, New Jersey, New Hampshire, Vermont, and Maine build cases that hold up when insurers push back. You’ll get a plan for what to capture now and what we’ll hunt down fast, before anything gets “lost.”

Think of evidence as your anchor. It keeps your story steady when the other side says the hazard wasn’t there or “wasn’t that bad.” With the right photos, records, and voices backing you, your claim doesn’t wobble. It stands.

Contact us at (855) 465-4622 to arrange your free case review.

Photos and Videos That Tell the Truth

Small details win cases. Your phone can grab those details before they disappear, and it doesn’t need perfect lighting or fancy editing. A few minutes of focused, on-the-spot recording can shut down weeks of denial later. Here’s what to capture and why it matters:

• Wide shots to set the scene. Stand back and photograph the area from multiple angles so the layout, pathways, and traffic flow are clear. These images show where you fell relative to doors, aisles, displays, or stairs. Context helps juries and adjusters understand how the hazard fit into the space. It also prevents the owner from claiming the spot you photographed wasn’t where you fell.
• Close-ups of the actual hazard. Move in and photograph what caused the fall: the puddle, broken tile, curled mat, worn tread, or icy patch. Take several shots so texture, size, and edges are obvious. If lighting is poor, take a flash and a no-flash photo to capture what your eyes actually faced. The goal is to make the danger undeniable.
• Short videos that show how it works in real life. Record a slow walkthrough to demonstrate shadows, lighting changes, or glare. Pan across warning signs—or the lack of them—so their placement (or absence) is clear. If people are slipping or hesitating in the same spot, capture that movement. Video helps decision-makers feel the space, not just see it.
• Proof of lighting and visibility. Aim up at bulbs, fixtures, and skylights to show whether they’re on, off, broken, or dim. Step back and shoot toward the hazard to show how light falls across it. If a wall or display blocks your line of sight, make that obvious. Visibility is central to whether you could have reasonably spotted the danger.

Witness Statements That Back You Up

When everything feels chaotic, other people’s observations bring calm and credibility. Independent voices cut through “he said, she said” and help confirm what was on the floor, who knew about it, and how staff responded. A short conversation now can become powerful testimony later. Here are the witness types who move the needle:

• Eyewitnesses to your fall. People who saw you slip or trip can explain the hazard, your path, and how quickly it happened. They can confirm you weren’t running, goofing off, or staring at your phone if that’s the truth. Independent accounts carry weight because they don’t have money on the line. Their words help juries picture the moment.
• Employees in the area. Staff may admit the hazard existed or that they’d reported it earlier. They can confirm inspection routines, cleanup delays, and missing wet-floor signs. Even small admissions add up to knowledge the owner can’t disown. Those details connect negligence to your injury.
• Other customers or visitors. People who noticed the hazard before you fell help prove it wasn’t brand-new. They might have walked around the puddle or avoided a dark stairwell because it felt unsafe. That shows the danger sat long enough to address. It also undercuts “we had no idea” defenses.
• Security guards or contractors. Guards observe patterns, not just moments, and contractors see maintenance issues others miss. Their accounts can highlight recurring problems or long-standing defects. They also help identify who’s in charge of repairs when multiple businesses share a space. Clarity on control points to responsibility.

Medical Records Tie Your Injuries to the Fall

Your body tells a story, but claims adjusters want it in writing. Medical records are the bridge between the hazard and your pain, and they’re essential if you want fair compensation. Get evaluated quickly, even if you think you’ll “walk it off,” because delays create doubt that insurers exploit.

Be specific when you talk to providers. Tell them where you fell, what you slipped or tripped on, and every symptom—sharp pain, dizziness, swelling, numbness, or headaches. Those details land in your chart and become the timeline that proves cause and effect. Consistent follow-ups show you’re taking recovery seriously, not cherry-picking appointments for the case.

It’s not just emergency room notes that matter. Imaging studies, specialist consults, physical therapy records, and medication histories all link to your fall. Together, they paint a picture of real limitations and real costs. That picture is how we argue for full, not partial, recovery.

Incident Reports, Maintenance Logs, and Property Records

Paper trails talk. An incident report documents what happened, when it happened, and who knew about it. Ask for one at the scene, and if possible, get a copy or at least the exact name and title of the person who created it. That single page often blocks later claims that “no one told us.”

Maintenance logs show whether the owner had a real inspection routine or just hoped for the best. We look for checklists, cleanup times, work orders, and repair tickets. When there’s a pattern of skipped inspections or slow responses, negligence stops being theory. It becomes a habit, and habits are compelling in front of a jury.

Finally, property records and lease agreements answer a critical question: who’s actually responsible. Sometimes the tenant handles floors; sometimes the landlord does. Shared spaces, like malls or office complexes, split duties in ways that confuse everyone but the lawyers. We untangle that web, so the right parties are on the hook.

Expert Opinions and Accident Reconstruction

Some arguments need specialized voices. Experts translate technical issues—like building codes, lighting levels, and floor friction—into plain, persuasive explanations. Their analysis turns vague disputes into measurable facts. These are the experts who often move a case from “maybe” to “yes”:

• Safety and premises experts. They test floors, evaluate lighting, and compare practices to industry standards. If codes were ignored or policies were pretend, they’ll say so clearly. Their findings show what reasonable care required and what was missing. That clarity makes defenses feel thin.
• Medical experts with a forward look. Treating doctors and specialists explain how your injuries limit you now and in the future. They talk about surgeries, therapy, and realistic restrictions on work and daily life. Future care plans and prognosis help quantify long-term costs. Jurors respond to credible medical roadmaps.
• Engineers and reconstruction specialists. These pros measure angles, slopes, and sightlines, then recreate how the fall happened. Their models show how design flaws or lighting created a trap. Visuals make complex ideas simple and sticky. When people can see it, they believe it.
• Human factors professionals. They explain how normal attention works in busy spaces and why hazards still need fixing if people are looking elsewhere. Their testimony undercuts the “you should’ve seen it” refrain. They show that safe design anticipates real human behavior. That insight puts responsibility back where it belongs.

Preserving Evidence Before It Disappears

Evidence is perishable. Spills get mopped, mats get straightened, bulbs get replaced, and security video gets overwritten—sometimes in a day, sometimes in hours. Acting fast isn’t pushy; it’s necessary. The sooner you lock things down, the less room there is for anyone to “forget.”

Start with preservation. Send written requests for surveillance footage, incident reports, and maintenance logs as soon as possible. Many systems automatically erase video on short cycles, so speed matters. Photos you took at the scene become a time capsule if the space changes the next day.

We also issue formal preservation letters that legally require evidence to be kept. If an owner ignores those and destroys records, courts can impose penalties for spoliation. That levels the field when cooperation is thin. Quick moves protect your story from being rewritten.

Your Recovery Deserves Backup Now

You don’t have to chase records, argue with managers, and rebuild a timeline while you’re hurting.  Our personal injury attorneys will shoulder the legwork—requests, follow-ups, expert outreach, and the thousand little steps that make a big difference.

Whether you’re in New York, New Jersey, New Hampshire, Vermont, or Maine, you’ll get a clear plan and steady communication, so you always know what’s next.

Contact our office today to arrange a free consultation. We’ll review what you’ve gathered, fill the gaps fast, and build the kind of evidence-driven case that makes property owners take responsibility. Your recovery matters. Your proof will make sure it shows.