Individuals who ‘slip & fall’ or ‘trip & fall’ due to the negligence of another party may eventually lose their personal injury case because there is not substantial evidence of negligence on the part of the property owner. Oftentimes the individual who falls is embarrassed to report the incident or is simply unaware that an accident report is necessary, so he or she may fail to properly document the circumstances of the incident. In some cases, due to the severity of his or her injuries, the person who fell is forced to leave the premises to immediately seek medical treatment. No matter what the reason, if the injured party fails to properly document the circumstances of the mishap or fails to timely complete an accident report, it may negatively impact their personal injury claim at a later date.
Evidence of Liability in ‘Slip & Fall’ or ‘Trip & Fall’ Accidents
If you have a ‘slip & fall’ or ‘trip & fall’ accident, here are the seven (7) steps that you should immediately take to support the liability aspect of your case.
Take Action – 7 Steps
- Report the incident, accident or injury to the management or owner of the premises/building.
- Call for medical assistance for the injuries that you have sustained.
- Obtain the names, addresses and contact information (telephone numbers and email addresses) of all witnesses.
- Utilize your cell phone or camera to take pictures of the condition of the floor, step, hallway, sidewalk, or driveway, etc. wherein you fell or the object (or objects) that may have caused your fall.
- Utilize your cell phone or camera to take pictures of your injuries, such as cuts, bruises, abrasions, scars, etc. if possible.
- File a written accident report.
- Promptly write down your own detailed recollection of what occurred.
Your diligent observations as well as photographs can go a long way in proving that the store owner or the building owner was either aware (actual knowledge/notice) or should have been aware (constructive knowledge/notice) that a dangerous situation was present on the premises. Furthermore, this could possible help to prevent other similar accidents from happening.
With regard to the liability in ‘slip & fall’ or ‘trip & fall’ accidents, please recognize that questions will always be raised about the liability of the person who fell, such as his or her carelessness as to where they were walking, whether or not he or she was paying attention to warning signs or what type of footwear they were wearing at the time of the incident. These issues are collectively known as comparative negligence, which may be a factor raised in determining monetary compensation of the injured person.
Why Hire a Lawyer or Attorney?
The Law Offices have represented countless injured persons with regard to their ‘slip & fall’ or ‘trip & fall’ accidents, quite possibly even someone you know. Most people do not have the experience of resolving a ‘slip & fall’ claim or a ‘trip & fall’ claim with the at-fault insurance company and are at a decided disadvantage vis-à-vis said insurance company. Our years of experience in assisting personal injury victims helps level the playing field to your benefit by thoroughly investigating your injuries in an expedient and professional manner. Our goal is to maximize the valuation of your personal injury claim as expeditiously as possible.