The disclosure is related to a method for avoiding misjudgment when detecting a human fall, and an apparatus thereof. When the apparatus worn on a person generates a collision signal, it determines if the apparatus was in a proper status in the past period of time before the collision according to the acceleration data. The apparatus was in the proper status if a specific axial direction of an accelerometer of the apparatus is substantially parallel with the direction of gravity, and the method goes on detecting the human fall; otherwise, the process is terminated. The acceleration data before and after the collision is compared with fall conditions set by a fall detection program. A fall event is determined if the acceleration data meets the fall conditions.