A slip and fall accident can happen to anyone, regardless of how old they are, which is why people should know in advance what steps they must take should this happen to them. If the fall is not the individual’s fault, they need to follow these steps to protect themselves. The property owners are obligated to maintain their buildings, parking lots, and walkways so that people can safely travel them. The legal term for this responsibility is known as premises liability. If a victim becomes injured on another person’s property due to the owner’s negligence, they may be eligible to receive damages for pain and suffering, medical expenses, and lost wages. The victim will need to be able to prove that the property owner knew, or should have been aware of, the dangerous condition(s) but failed to make the necessary repairs.
The experienced slip and fall lawyers at Dash Injury Law Firm specialize in these case types, and we can help you file a successful claim.
Causes of Slip and Fall Accidents
Some contributing factors to slips and falls include the following:
- Negligent maintenance of walking areas (e.g., potholes, bumps)
- Malfunctioning elevators or escalators
- Poor lighting
- Wet floors that do not have wet floor signs
- No safety precautions on the property (e.g., no handrails)
Where Premises Liability Accidents Can Occur
Slip and fall accidents can occur in a variety of different areas, including:
- Another individual’s property or home
- Sidewalks
- Hardware stores
- Department stores
- Restaurants
- Parking lots
- Shopping malls
- Supermarkets
- Office buildings
What to Do After a Slip and Fall Accident
If you or someone you love was injured due to a negligent property owner, you should take the following steps immediately so that you will be able to present a strong case in court. Right after the accident occurs, you should jot down the details of the circumstance and answer the following questions:
- Did the fall involve any store or corporate personnel?
- Were there any obstructions that contributed to the fall?
- Did the accident happen on dry or wet flooring or pavement?
- Did the accident happen outside or inside? At what facility did this occur?
- Were there any witnesses who saw the accident? If there were, do you have their contact information?
- What footwear and clothing were you wearing?
- What were the conditions prior to the accident?
- What date and time did the slip and fall occur?
Five Steps to Follow
- Seek Medical Care
If an individual becomes injured in a slip and fall accident, the first priority is the victim’s health. They should seek medical attention immediately and properly document all of the injuries sustained in the accident. If a slip and fall lawsuit is pursued to seek compensation for the victim’s injuries, these records will become very important.
- Report the Accident
No matter where the slip and fall occurred, be it in another individual’s home, in a store, or on the sidewalk, the victim needs to report it to the landlord, manager, or owner right away. Once reported, the owner/manager should provide the victim with a copy of the report to keep for their legal records.
- Document the Entire Incident
The victim should ask witnesses to provide them with their contact information for future reference, including physical addresses, phone numbers, e-mail addresses, and names. If the victim decides to file a slip and fall lawsuit, statements from these individuals could provide them with enough evidence to prove their claim. Victims should also get photos of the location where the fall took place, including important details like stairs, icy spots, or any other conditions that may have contributed to their injuries. The victim must write down how they fell, what they were doing before they fell, and the date and time of the fall. Any shoes or clothing the victim wore during the fall should also be stored, as it can be preserved as evidence in court.
- Never Provide Any Statements
Victims should keep any communication with a landlord, a property manager, or an owner to a minimum. Victims should never discuss or share any details of the accident on social media accounts like Facebook. The victim should not provide an insurance company representative with any statements until they have spoken to a slip and fall lawyer. Additionally, victims should not take the blame for the accident or place the blame on someone else.
- Contact a Slip and Fall Lawyer
It is recommended that the victim contact an experienced attorney who deals with slip and fall accidents since some legal implications may be involved. Slip and fall injury cases are hard to prove due to their complexity. Dash Injury Law Firm has an experienced legal team with a wealth of resources available to successfully investigate, present, and litigate your slip and fall lawsuit.
It is not unusual for an unscrupulous individual to bring forth a fraudulent slip and fall case against a retailer, a mom-and-pop shop, or a business of any size. This is why a real fall victim will need an ethical, well-qualified legal team to help them win a legitimate lawsuit.
A slip and fall lawyer will interview the victim to determine if their claim is legitimate. They will also want to rule out the victim’s own negligence prior to accepting the victim’s case. For instance, if the victim was wearing tall platform stilettos on an icy or wet grocery store parking lot, the attorney may not be able to win the case. But if the victim wore tennis shoes and fell on some broken concrete on the sidewalk that had been in poor condition for months, their attorney would have a better chance of winning the case.
Contact Our Slip and Fall Lawyers Today
Many accident victims often stay silent and never pursue a case due to the daunting task of filing a lawsuit. This could cost them a settlement that they may be rightfully entitled to. Our slip and fall lawyers at Dash Injury Law Firm encourage victims to discuss their accident with professionals who could help them change the course.
Our legal team will handle all of the paperwork, negotiate with the negligent parties, and interact with the insurance companies. You will need to contact us right away because your window of opportunity to file a claim is limited. Victims should never have to struggle with medical bills resulting from an accident that was not their fault.
For a free consultation, contact us today.