Slip and fall accidents happen in seconds. One moment you’re walking through Target, the next you’re on the ground with a throbbing wrist and bruised ego. Your brain is scrambled. You’re embarrassed. You just want to get up and pretend nothing happened.
That’s exactly when most people make their biggest mistakes.
What you do in the minutes and hours after a fall can make or break any potential legal case. I’ve seen solid claims get destroyed because someone made one wrong move right after their accident. The worst part? These mistakes are completely avoidable.
The team at Kubota & Craig has handled hundreds of slip and fall cases throughout Orange County. They’ve seen every possible mistake – and they know how to help clients avoid them from day one.
Mistake #1 – Not Seeking Medical Attention Immediately
Your adrenaline is pumping. You feel embarrassed. Maybe nothing seems broken, so you figure you’re fine. Big mistake.
Adrenaline masks pain. What feels like a minor bruise could be a fracture. That slight headache might be a concussion. Your back feels stiff, but you dismiss it – until you wake up tomorrow unable to move.
Medical records become the foundation of your injury claim. No medical treatment means no documented proof that you were actually hurt. Insurance companies will argue that delayed treatment proves your injuries weren’t serious.
Here’s what’s really important – tell your doctor exactly how the injury happened. Don’t just say “I fell.” Say “I slipped on a wet floor at the Irvine Spectrum Target.” The details matter for your medical records.
Even if you think you’re fine, get checked out within 24 hours. It protects your health and your legal rights.
Mistake #2 – Failing to Document the Scene
You’re hurt and shaken up. The last thing on your mind is taking pictures. But evidence disappears fast – sometimes within minutes of your fall.
Property owners and their employees move quickly to clean up hazards after accidents. That wet floor gets mopped. The broken tile gets replaced. Warning signs suddenly appear where none existed before. Without photos, it becomes your word against theirs about what really happened.
Here’s what you need to document right away:
- The hazard itself – That spill, broken pavement, or loose carpet
- Missing warning signs – Or lack of proper barriers around the danger
- Lighting conditions – Was the area too dark to see the hazard clearly?
- Your injuries and clothing – Blood on your clothes, torn fabric, visible cuts
Use your phone. Take wide shots and close-ups. Get multiple angles. These photos might be worth thousands of dollars later.
Don’t just photograph the obvious stuff either. Show the surrounding area. Was there adequate lighting? Were there other safety measures that should have been in place but weren’t?
Mistake #3 – Not Reporting the Incident to Management or Authorities
Many people feel so embarrassed after falling that they just want to leave. They don’t tell anyone what happened. Huge mistake.
No incident report means the property owner can later claim your accident never happened. “We have no record of any fall that day” becomes their defense. You need official documentation that the incident occurred.
Find a manager immediately. Not just any employee – you need someone with authority. Ask them to fill out an incident report and request a copy. Some places make this difficult, but persist. At minimum, get the report number and the manager’s name and title.
When you fill out the report, stick to basic facts. “I slipped on a wet floor near the produce section at approximately 2:30 PM.” Don’t speculate about fault or blame. Let your attorney handle the legal arguments later.
Never sign anything that admits fault or waives your rights. If they pressure you to sign something, read it carefully or just refuse. You can always provide documentation later through your attorney.
Mistake #4 – Talking to the Insurance Company Without a Lawyer
The insurance adjuster calls within hours. They seem so friendly and concerned about your welfare. They just want to “get your side of the story” and “help resolve this quickly.”
Don’t fall for it. Their job is to minimize what their company pays you. Everything you say gets recorded and can be used against you later.
They’ll ask loaded questions designed to hurt your case:
- “Were you watching where you were going?”
- “Had you been drinking that day?”
- “Were you wearing appropriate shoes?”
- “Don’t you think you should have seen the hazard?”
Each question is a trap. Even innocent answers can be twisted to make you look careless or blame you for the accident.
Never give a recorded statement without a lawyer present. Don’t accept quick settlement offers either. That $2,000 check might seem like easy money, but your medical bills could easily reach $20,000 or more.
A simple “I need to speak with my attorney first” is all you need to say.
Mistake #5 – Waiting Too Long to Speak to an Attorney
“I’ll see how I feel in a few weeks.” “Maybe the insurance company will be fair.” “I don’t want to make a big deal out of this.”
Time kills cases. Surveillance footage gets deleted after 30 days at most businesses. Witnesses forget details or move away. Maintenance logs disappear. The longer you wait, the harder your case becomes to prove.
California gives you two years to file a lawsuit, but that deadline shrinks to six months if your accident happened on government property. Sounds like plenty of time, but evidence starts disappearing immediately.
Your attorney needs to act fast to preserve crucial evidence. They send preservation letters to protect surveillance footage. They interview witnesses while memories are fresh. They request maintenance records before they get “lost.”
The consultation is free. Why wait and let valuable evidence disappear when you could protect your rights today?
Bonus Mistake – Posting About the Incident on Social Media
You post a photo from the emergency room with the caption “Worst day ever!” A week later, you share pictures from your nephew’s birthday party where you’re smiling and dancing.
Insurance companies monitor social media looking for ammunition to use against you. That birthday party photo becomes “proof” that you weren’t really injured. Your emergency room post gets twisted to suggest you’re being dramatic.
Here’s the rule: don’t post anything about your accident or your injuries on any social platform. Your case is more important than your Instagram story.
If friends or family want updates, call them or text privately. Keep your legal business off social media entirely.
What You Should Do Instead
The right approach is simple:
- Get medical attention immediately – Even if you think you’re fine
- Document everything – Photos, videos, witness information
- Report the incident – Create official records with management
- Stay quiet with insurance – Let your attorney handle all communications
- Call a lawyer quickly – Protect evidence before it disappears
Following these steps protects both your health and your legal rights.
How Kubota & Craig Helps You Avoid These Pitfalls
When you call Kubota & Craig immediately after your accident, they spring into action. They send preservation letters to protect surveillance footage and maintenance records. They handle all communications with insurance companies so you can’t accidentally say something harmful.
They guide you through the medical process, helping you find qualified doctors who understand how to document your injuries properly. They coordinate with investigators to document the scene and interview witnesses.
Most importantly, they work on contingency fees. No upfront costs, no hourly charges. They only get paid if they win your case, so their success depends entirely on getting you the compensation you deserve.
Injured in a Fall? Call Us Before You Make a Mistake
Don’t let a property owner’s negligence cost you thousands of dollars because you made an avoidable mistake. The attorneys at Kubota & Craig serve clients throughout Orange County – Irvine, Mission Viejo, Santa Ana, Laguna Niguel, and surrounding communities.
They offer free consultations and honest advice about your case. Even if you think you might have already made one of these mistakes, call anyway. Sometimes damage can be minimized or repaired with the right legal strategy.
Call today or fill out their online contact form. Don’t make any more mistakes with your slip and fall case. Get experienced slip and fall attorneys in Orange County protecting your rights from day one.
Your case is too important to leave to chance. Get professional help before it’s too late.
By Yoshiaki C. Kubota, Esq. | Published: October 15, 2025
About the Author:
Yoshiaki C. Kubota is a founding partner at Kubota & Craig, PC, and has been a California-licensed attorney since 1994 (State Bar #175555). With over 30 years of experience in personal injury law, he has successfully helped hundreds of slip and fall victims throughout Orange County avoid costly mistakes and recover maximum compensation. He holds an AV Preeminent rating from Martindale-Hubbell and has been recognized as a Super Lawyer from 2010-2024.
Legal Disclaimer:
This article is for informational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on specific facts and circumstances. This communication is attorney advertising as defined by California Rules of Professional Conduct Rule 7.3. For specific legal guidance regarding your situation, please consult with a qualified attorney.
Sources: California Civil Code Section 1714, California Code of Civil Procedure Section 335.1, California Courts Self-Help Guide on Personal Injury Cases
