Slip and fall cases account for a significant portion of PI law firm inquiries and a disproportionate share of rejected cases. The gap between the two is almost always traceable to intake. A caller who fell in a grocery store believes they have a strong case. Whether they actually do depends on facts that only emerge through deliberate, structured questioning.
Unlike auto accident intake, where liability is usually straightforward (someone ran a red light, someone was rear-ended), premises liability requires building a notice theory before a case can be accepted. The question is never just "did you fall?" It is "did the property owner know about this hazard, and did they fail to address it?" That answer lives in the intake conversation.
Why Slip and Fall Intake Is Different
Three features of premises liability distinguish it from standard MVA intake and require a modified protocol.
1. Liability Is Not Self-Evident
In a rear-end collision, the driver who struck from behind is almost always at fault. In a slip and fall, the fact of injury on another's property does not establish liability. The property owner must have had actual or constructive notice of the hazard and failed to remedy it. A wet floor from a spill that happened two minutes before the fall is very different from one that had been there for six hours. Intake must uncover which scenario applies.
2. Comparative Fault Is a Constant Threat
Juries are often skeptical of slip and fall plaintiffs. If the caller was distracted, wearing inappropriate footwear, ignoring signage, or in an area they should not have been, their recovery is reduced or eliminated depending on the state's comparative fault rules. Intake must surface these facts early, not let attorneys discover them during deposition.
3. Evidence Disappears Quickly
Surveillance footage is typically overwritten on a 30- to 90-day cycle. Incident reports may be discarded or altered. The physical hazard itself may be repaired within days of the accident. Intake must immediately identify what evidence exists, where it is, and whether a preservation demand is warranted.
The Slip and Fall Intake Questionnaire
The following structured questions should follow confirmation that the caller was injured on another's property. They are organized by the four elements intake must establish: location and ownership, notice, injury, and potential adverse factors.
Location and Ownership
- Where exactly did the fall occur? (specific location within the property)
- Who owns or operates the property? (business name, landlord, government entity)
- Were you a customer, tenant, guest, or employee at the time?
- Was the location open to the public, or did you have a specific reason to be there?
- Did you report the fall to anyone on-site? Did they file an incident report?
- Do you have a copy of the incident report, or were you given a reference number?
The Hazard and Notice
- What caused the fall? (wet floor, uneven surface, broken step, unmarked curb drop, ice, debris)
- Was there any warning sign or cone near the hazard? Did you see it before you fell?
- Do you know how long the hazard had been there?
- Had you or anyone else complained about this hazard before?
- Were there any other people in the area when you fell, or was anyone who saw it?
- Did you take any photographs of the hazard or the location immediately after?
Injury and Treatment
- What injuries did you sustain? (fractures, soft tissue, head injury, back injury)
- Did you seek medical treatment the same day? Where?
- Have you continued treating since? With whom?
- Are you still in treatment, or have you been discharged?
- Have you missed work or had any income loss as a result?
Adverse Factors
- What were you doing immediately before the fall?
- Were you wearing standard footwear or anything that might be described as inappropriate for the conditions?
- Were you using your phone, carrying something, or otherwise distracted?
- Did you see any hazard warning signs that you may have missed or disregarded?
Note on government property: If the fall occurred on a public sidewalk, city-owned parking lot, transit station, or other government property, intake should flag this immediately. Many jurisdictions require a formal tort claim notice within 30 to 90 days of the incident. This deadline runs independently of the general statute of limitations and can bar a claim entirely if missed.
Qualifying vs. Rejecting at Intake
Premises liability intake exists to protect the firm's time and resources as much as it exists to serve injured callers. The following criteria distinguish viable cases from those that will likely be rejected.
Strong Qualification Signals
- The hazard had existed for a meaningful period before the fall (constructive notice)
- Prior complaints about the same hazard are documented
- An incident report was filed and is in the caller's possession
- Photographs of the hazard were taken at or near the time of the fall
- Witnesses were present and their information is available
- Medical treatment was sought immediately, establishing a clear injury record
- Injuries are objectively serious (fractures, surgery, extended treatment)
Weak or Disqualifying Signals
- The hazard was created moments before the fall (no notice)
- No incident report was filed and the caller did not document the scene
- The caller delayed medical treatment significantly (undermines injury causation)
- The caller was trespassing or in an unauthorized area
- Injuries are minimal and soft tissue only with short treatment duration
- Visible warning signs were present and the caller acknowledges seeing them
- The fall occurred on a government property and the tort claim window has closed
Handling the Caller Who "Just Wants to Know if They Have a Case"
A significant percentage of slip and fall calls come from callers who have not decided whether to pursue a claim. They want information before they commit. This is an intake opportunity, not an obstacle.
The intake specialist's job is not to evaluate the legal merits (that is the attorney's role) but to gather the information that allows a qualified attorney review to happen. The correct approach is to ask all qualification questions, document the answers thoroughly, and route the file to attorney review rather than screening the caller out at intake.
Scripts that ask callers to self-assess ("Do you think you have a strong case?") produce poor-quality files. Scripts that gather objective facts produce files attorneys can evaluate. The difference is entirely in how intake is structured.
Frequently Asked Questions
What makes a slip and fall case viable at intake?
Four elements determine viability: the hazard was on someone else's property, the property owner knew or should have known about the hazard (notice), they failed to fix or warn about it, and the fall caused documented injuries. Notice is the most critical factor. A wet floor from a spill that happened two minutes earlier is very different from a broken step that had been reported three times. Photos and incident reports are the strongest evidence of notice.
What is the statute of limitations for slip and fall cases?
Statutes of limitations vary by state, typically ranging from 2 to 3 years. However, cases involving government-owned property often have much shorter notice requirements, sometimes as little as 30 to 90 days to file a formal tort claim. Intake must identify government property immediately and flag the expedited timeline.
What documentation should be gathered at intake?
Critical documentation includes the incident report, photos of the hazard taken at or near the time of the accident, photos of any visible injuries, witness contact information, and medical records from same-day treatment. Intake should ask about each of these immediately.
How does comparative fault affect slip and fall cases?
Comparative fault is a leading reason slip and fall cases are rejected after intake. If the plaintiff was wearing inappropriate footwear, using a phone, or ignoring visible warning signs, their percentage of fault reduces or eliminates recovery. Intake must surface these factors in the initial call rather than allowing them to surface during deposition.
How HQ Intake Handles Premises Liability Calls
HQ Intake's intake specialists are trained on premises liability qualification criteria, not just MVA protocols. Our intake process for slip and fall calls includes structured notice questioning, evidence preservation flags, government property identification, and adverse factor documentation.
The result is a file that gives your attorneys the information they need to make a real qualification decision, not a summary that tells them only that the caller fell somewhere. For law firms handling a mix of case types, the difference between generic intake and PI-specific intake is the difference between files that get rejected two weeks in and files that close.