6 Less-Talked About Factors That Can Affect Your Slip and Fall Settlement

Discover 6 less-talked about factors that can affect your slip and fall settlement. Be informed to maximize your claims.

6 Less-Talked About Factors That Can Affect Your Slip and Fall Settlement

A slip and fall can happen in seconds. One step on a wet grocery store floor. A loose tile at your child’s school event. Then the pain sets in.

Most people assume these cases are simple. You got hurt. So, someone should pay.

But settlements are rarely that straightforward. Insurance companies look at dozens of small details before offering a dollar amount. Some of those details aren’t talked or thought about much, yet they can make a real difference in what you receive.

Here are six overlooked factors that can affect your slip-and-fall settlement.

1. Your Own Actions at the Time of the Fall

Were you looking at your phone? Wearing shoes with no grip? Running in an area clearly marked “Wet Floor”?

New York follows a comparative negligence rule. That means your settlement can be reduced if you’re found partly at fault. If you’re deemed 20 percent responsible, your compensation could drop by that same percentage.

It doesn’t mean you lose your case. It means details matter.

Insurance companies will look closely at security footage and witness accounts. Even small behaviors can be used to shift blame. Being aware of this helps you understand why documentation and statements must be handled carefully from the start.

2. The Condition of the Property Before You Fell

It’s not enough that a hazard existed. The property owner must have known about it or should have known. In practice, what often matters is proof that the problem had been there long enough to fix.

Think about:

• How long was that spill on the floor?
• Were there warning signs posted?
• Had other people complained about the same issue?
• Were there prior incidents in the same area?

 

When people start looking for slip and fall legal assistance, it’s often because they’re overwhelmed by these gray areas and hence need clarity from a professional. But as noted by Michael S. Lamonsoff, a slip and fall accident attorney, property owners have a duty of care to keep their properties free of hazards, promptly address dangerous conditions, and warn visitors of any potential risks.

So to succeed in a slip and fall claim, an injured party will have to prove that the property owner knew or should have known about the hazardous condition and failed to take reasonable steps to fix it. Things that can help here include surveillance footage, maintenance logs, and witness statements about the condition of the property hours or days before the slip and fall.

Without them, insurance companies may argue the hazard appeared just moments before you fell.

3. How Quickly You Sought Medical Care

Any delay in seeking medical care after your slip-and-fall can hurt your case.

Insurance adjusters often question injuries when there’s a gap between the accident and your first doctor visit. They may argue the injury wasn’t serious, or worse, that something else later caused the injury for which you later sought treatment.

According to the Centers for Disease Control and Prevention, falls are a leading cause of nonfatal injuries in the United States, sending millions to emergency rooms each year.

Even if symptoms seem mild, getting checked early protects both your health and your claim.

4. Type of Property Where the Fall Happened

Not all properties are treated the same under the law. Claims involving government-owned property often have stricter deadlines and notice requirements.

For example:

• You may have only 90 days to file a notice of claim against a city entity.
• Certain buildings have different maintenance standards.
• Commercial properties may have formal inspection schedules.

Missing a deadline can limit your options, even if your injuries are serious. Many families don’t realize these differences until it’s too late.

Understanding who owns the property and what rules apply can influence both the speed and size of a settlement.

5. Impact on Your Daily Life

Settlements aren’t based only on medical bills. They also consider how the injury affects your everyday routine.

Can you drive comfortably? Sleep without pain? Sit through a full workday? Lost wages and reduced earning ability often become major parts of a claim.

Keeping a simple journal can help. Write down:

• Pain levels each day
• Activities you can’t do
• Missed school events or family outings
• Workdays lost or reduced hours

These notes can tell a powerful story about how the fall changed your life.

6. Your Social Media Activity

This one catches many people off guard.

After a fall, you might post a family photo or share a moment from a birthday party. It seems harmless. But insurance companies sometimes review public social media accounts during claims.

If you claim serious back pain but post pictures of lifting a child or dancing at a wedding, that content can be taken out of context. Even if the activity lasted only minutes and left you hurting afterward, the image alone can raise questions.

It’s wise to be cautious online during an active claim.

Conclusion

Slip and fall settlements aren’t determined by one big factor. They’re shaped by dozens of smaller details that build on each other. How fast can you see a doctor? Whether the hazard was documented. What you posted online. The type of property involved.

And when it comes to protecting your rights, those seemingly small details can make all the difference in what your settlement ultimately looks like.