Injured in a Slip & Fall, Pothole, or Unmarked Step? Here’s What to Do. From Collins & Collins, Attorneys at Law
- Collins & Collins Attorneys
- Jul 22
- 3 min read
Accidents can happen anywhere — on a sidewalk, in a parking lot, at a business, or even at someone’s home. But when your injury is caused by a pothole, an unmarked elevated surface, or a slippery floor, it may be more than just bad luck — it might be negligence.
If you've been hurt in one of these situations, here’s what to do (and what not to do) to protect yourself and your legal rights.

✅ What You SHOULD Do Immediately After the Accident:
1. Take Photos or Video
Document everything — the scene, the hazard (like the pothole or wet floor), and your injuries. Conditions can change quickly, especially if the property owner tries to “fix” the issue afterward.
2. Get Medical Attention
Even if you think you're okay, get checked by a doctor. Some injuries, like concussions or soft-tissue damage, may not be obvious right away. Plus, your medical records are key evidence in your case.
3. Report the Incident
If the injury happened at a store or public property, report it to a manager, employee, or official. Make sure a report is filed and ask for a copy.
4. Get Contact Info from Witnesses
If anyone saw the incident happen, get their name and phone number. Witnesses can make or break a case like this.
5. Call a Lawyer — ASAP
The sooner you contact a personal injury attorney, the better. At Collins & Collins, we immediately begin investigating, securing evidence, and protecting your rights. Call us now at (716) 885-9700.
❌ What You Should AVOID Doing:
1. Don’t Say “I’m Fine” or Apologize
It’s natural to downplay an injury, but saying “I’m okay” can be used against you later — even if you didn’t realize how serious your injuries were at the time.
2. Don’t Talk to the Insurance Company Without a Lawyer
Their goal is to minimize your claim. They may twist your words, offer a low settlement, or pressure you to sign something. Let us handle the conversation.
3. Don’t Post on Social Media
It may seem harmless, but insurance companies will look for anything to discredit your claim — even a smiling photo or casual comment could be used against you.
Who’s Responsible for These Accidents?
Potholes: Cities, towns, and private property owners are responsible for maintaining safe walkways and parking areas. If they knew (or should have known) about a dangerous pothole and did nothing, they may be liable.
Unmarked Elevated Surfaces: Steps, drops, or uneven surfaces that aren’t clearly marked with signage, tape, or railings create a fall risk. Property owners have a duty to warn of these hazards.
Slippery Floors: Businesses and property owners must keep walkways clean and dry, or at least post a warning if they can’t clean it immediately.
The Bottom Line: Don’t Wait — Get Help Now.
A slip, trip, or fall might seem like “just an accident,” but it can lead to serious injuries, medical bills, missed work, and a lasting impact on your life.
At Collins & Collins Attorneys at Law, we’ve been helping injury victims in Western New York get the compensation they deserve for over 70 years. We know how to fight — and we know how to win.
📞 Call us today at (716) 885-9700 for a free consultation. You don’t pay unless we win.
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