By: Adam Smestad, Black Blink & Associates, 719-694-0578
You slip on spilled water at the grocery store.
You trip over merchandise left in an aisle.
You fall on an icy entrance outside a business.
Once the embarrassment wears off, the question becomes: “What should I do now?”
What you do immediately after a slip and fall can make a significant difference if you later need to make a personal injury claim.
- Take Pictures Before You Leave
If you can safely do so, photograph exactly what caused you to fall.
Take pictures of:
- The spill, ice, debris, or other hazard;
- The surrounding area;
- Warning signs—or the absence of them;
- Your clothing and shoes; and
- Any visible injuries.
Take several pictures from different angles.
This matters because the dangerous condition may disappear minutes later.
- Report the Fall to the Store
Tell a manager or employee what happened.
Ask that an incident report be completed.
Make sure you accurately identify what caused you to fall.
If possible, obtain the name of the manager or employee who took your report.
Don’t exaggerate.
Don’t speculate.
Just explain what happened.
- Get Witness Information
If someone saw you fall—or saw the dangerous condition before you fell—get their name and contact information.
Witnesses can become extremely important.
Under the Colorado Premises Liability Act, C.R.S. § 13-21-115, a customer in a store will ordinarily qualify as an invitee.
An invitee may recover when a landowner unreasonably fails to exercise reasonable care to protect against a danger the landowner actually knew or should have known about.
The Colorado Supreme Court has explained that this can include both actual and constructive knowledge. Lombard v. Colorado Outdoor Education Center, Inc., 187 P.3d 565 (Colo. 2008).
That means evidence showing how long a hazard existed or whether employees knew about it can become extremely important.
- Ask the Store to Preserve Surveillance Video
Most major stores have surveillance cameras.
That video may show:
- Your fall;
- How the dangerous condition developed;
- How long it existed;
- Employees walking past it; or
- Another employee or customer creating the hazard.
Do not assume the store will preserve that footage forever.
An attorney can quickly send a preservation letter requesting that relevant video and other evidence be retained.
This can be critical.
In Brown v. Dillon Companies, LLC, 2025 COA 50, a Colorado Court of Appeals case involving a fall at a King Soopers, video evidence showed a person wearing a King Soopers apron and name tag apparently dropping an item in the location of the plaintiff’s fall shortly before it occurred.
Video can change a case.
- Seek Appropriate Medical Treatment
If you’re injured, get evaluated.
Don’t assume the pain will simply disappear.
Some injuries become more apparent hours or days later.
Waiting too long can also create an evidentiary problem.
Insurance companies may argue that a delay in treatment means your injuries were not caused by the fall.
Be honest with your medical providers about what hurts and how the injury occurred.
- Don’t Give a Recorded Statement Before Understanding Your Rights
The store’s insurance company may contact you.
Remember:
The adjuster works for the insurance company—not for you.
You do not need to be hostile.
But you should be cautious about giving detailed or recorded statements before understanding your rights.
Do I Automatically Have a Case Because I Fell?
No.
A store is not automatically responsible simply because someone falls on its property.
Colorado’s Premises Liability Act governs these claims, and the Colorado Supreme Court has held that it provides the framework for determining a landowner’s liability for injuries caused by conditions on the property. Vigil v. Franklin, 103 P.3d 322 (Colo. 2004).
For an invitee, an important issue is often whether the store knew or should have known about the dangerous condition and failed to exercise reasonable care.
That’s why early investigation matters.
The Bottom Line
If you are injured in a slip and fall at a Colorado store, preserve the evidence immediately.
Take photographs.
Report the accident.
Identify witnesses.
Get appropriate medical treatment.
And consider contacting an experienced Colorado personal injury attorney before important evidence disappears.
You don’t need to decide immediately whether you want to file a lawsuit.
But waiting too long can make that decision for you by allowing the evidence you need to prove your case to disappear.
If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call Black, Blink & Associates at 719-694-0578 now for a free consultation.
Sources
- C.R.S. § 13-21-115 – Colorado Premises Liability Act – Governs claims against Colorado landowners and provides that an invitee may recover for a landowner’s unreasonable failure to exercise reasonable care to protect against dangers the landowner actually knew or should have known about.
- Vigil v. Franklin, 103 P.3d 322 (Colo. 2004) – Explaining the comprehensive framework established by the Colorado Premises Liability Act for duties owed by landowners.
- Lombard v. Colorado Outdoor Education Center, Inc., 187 P.3d 565 (Colo. 2008) – Holding that the “knew or should have known” requirement may be established through actual or constructive knowledge and discussing a landowner’s duty to exercise reasonable care.
- Averyt v. Wal-Mart Stores, Inc., 2013 COA 10, 302 P.3d 321 – Upholding a premises-liability verdict where evidence supported findings concerning the store’s knowledge of a hazardous condition and its failure to exercise reasonable care.
- Brown v. Dillon Companies, LLC, 2025 COA 50 – Recent Colorado appellate decision involving a King Soopers slip-and-fall in which surveillance evidence concerning the creation of the hazard played an important role.