In a slip-and-fall lawsuit claim review, ask who controlled the site, what proves negligence, which deadlines apply, and how fees and costs work. Also ask what evidence must be preserved immediately and which weaknesses could prevent recovery. A claim review is an attorney's assessment of legal responsibility, supporting evidence, injuries, deadlines, and practical obstacles. The answers depend on the location, defendant, available records, and law governing the incident.
Official resource:
- Read the official notice from Justice — Use this primary source to verify the official announcement.
Table of Contents
- Who controlled the exact location?
- What proves the hazard and notice?
- Which evidence needs immediate protection?
- Which deadline and claim process apply?
- How will the attorney evaluate costs and case risks?
Who controlled the exact location?
Identifying the property owner may not be enough. Ask who occupied, maintained, or controlled the precise area where you fell, such as an exterior staircase, parking lot, store aisle, or shared entrance. Responsibility may rest with an owner, tenant, property manager, maintenance company, or another party. Contracts, leases, and maintenance arrangements can help determine who had authority to inspect or repair the area.
Ask the attorney: This distinction can decide whether a person or business owed a legal duty. In *Moses v. Roger-McKeever*, the California Court of Appeal held that a tenant lacking control over exterior steps and lighting had no duty to maintain or repair them. The court also identified duty, breach, causation, and injury as elements of a California premises-liability claim; other states may frame their rules differently.
- Who owned, occupied, and controlled the fall location?
- Who was responsible for inspections, lighting, cleaning, or repairs?
- Do leases or service contracts assign those duties?
- Should more than one potential defendant receive notice?
What proves the hazard and notice?
A fall by itself does not prove that the property owner was legally responsible. Ask the attorney to identify the dangerous condition precisely: water, ice, broken flooring, poor lighting, an uneven step, loose material, or another specific defect. The next question is how the responsible party knew, or reasonably should have known, about that condition. Actual notice means the party was aware of it.
Constructive notice means it existed long enough that a reasonable inspection should have discovered it. Useful questions include: In *Ortega v. Kmart Corp.*, the California Supreme Court explained that liability requires actual or constructive notice in time to correct a hazard. Constructive notice may be inferred when a condition lasted long enough for a reasonable inspection to find it, but the court set no universal time threshold.
- What evidence shows the condition existed?
- Is there proof of how long it was present?
- Did anyone report the same problem before the fall?
- Who created the condition?
- Were reasonable inspections performed and documented?
Which evidence needs immediate protection?
Ask what evidence could disappear or be overwritten. Security footage, photographs, incident reports, cleaning logs, inspection records, repair records, prior complaints, and witness contact information may clarify what happened and how long the hazard existed. Give the attorney enough detail to identify the correct place and time.
A preservation request should describe the incident accurately so the recipient can locate relevant records rather than guessing which camera, shift, or inspection period matters. Bring or identify: Prompt action matters because physical conditions change and records may not remain available. In *Gibbs v. City of New York*, the New York State Unified Court System discussed how timely notice lets a public entity investigate and preserve evidence while it remains available.
- Photos or videos of the location, footwear, and visible injuries
- The incident report and names of employees who responded
- Witness names, phone numbers, or messages
- Medical records and bills related to the fall
- Receipts, schedules, or location data showing when you were there
Which deadline and claim process apply?
Ask for the governing deadline at the first meeting, not after negotiations begin. The answer may change if the incident involved a city sidewalk, public building, transit facility, federal property, workplace, or government employee. Public defendants may have notice requirements that arrive before the ordinary lawsuit deadline. New York, for example, generally requires a notice of claim within 90 days, and late service without court permission may be ineffective.
If a federal agency or federal property is involved, the Federal Tort Claims Act generally requires presentation of an administrative claim within two years; after six months without resolution, the claimant may sue in federal court. Ask the attorney: If the fall happened at work, ask whether workers' compensation, a claim against another responsible party, or both require evaluation. OSHA's walking-working-surface rule requires employers to keep surfaces clean and, where feasible, dry, perform regular inspections, and correct or guard hazards such as spills, leaks, snow, and ice. Those safety requirements do not by themselves answer who can be sued or what compensation is available.
- What is the earliest possible deadline?
- Is a notice of claim or administrative filing required?
- Which agency or public entity must receive it?
- Does the location involve federal property?
- What proof confirms timely and proper delivery?
How will the attorney evaluate costs and case risks?
Ask for a candid assessment of both strengths and weaknesses. Relevant questions include whether the evidence connects the hazard to the fall, whether the correct defendant can be identified, and whether records support the claimed injuries. Discuss the financial arrangement before signing.
Ask for the contingency percentage, which costs may be deducted, whether costs come out before or after the fee calculation, and whether you could owe expenses if there is no recovery. The American Bar Association's Model Rule 1.5 requires a signed contingency-fee agreement to state the percentages, expense treatment, calculation order, and possible client liability for costs. State rules may differ, so the written agreement should explain the terms that actually govern your representation.