Thousands of people every year are injured by slip and fall accidents. In some of those cases the property owner is responsible for the accident, and sometimes he or she is not. If a slip and fall accident occurs on your property, there may be certain legal repercussions that could affect you.
Every year, thousands of people are injured due to slip and fall accidents. Slip and fall accident cases are also known as premise liability. Premises liability, from the injured person’s perspective, is where someone is injured on another’s property, most commonly on commercial property where negligence played a factor in the injury.
In order to make a claim that something was wrong with the property, for example, a spill that caused the injury, there must be proof that the store owner knew about the spill or should have known about it and did nothing to prevent the accident, like having someone clean it up or put down a wet floor sign.
Not everyone who falls on another’s property has a case, though. Many commercial businesses make it difficult to prove that negligence played a factor in the incident, since businesses will deny legal responsibility by claiming that whatever caused the accident happened way before they were actually able to do anything, like clean up a spill.
If anyone is injured from a slip and fall incident, the first thing to do is inform the owner of the property, or an employee, of the injury so that medical attention can be obtained. Getting medical attention is the first priority that one should take.
Afterwards, return to the scene of the incident and see what caused the injury. If there is something visible in the aisle, like an item or water, take a picture of it. Ask a nearby employee where the item could have come from and ask witnesses for any information.
Most likely, the business will want to file an incident report, so immediately report the injury to the store owner. Obtain the owner’s name, phone number and insurance information. Do not give an extensive statement or sign any paperwork until advised by a personal injury lawyer.
When a business becomes aware of an injury that happened on their premises, they are immediately looking to build a defense for the case. Be aware that many businesses have cameras and any evidence that is given that shows the injury is false, like continuing to shop, could cause the case to be thrown out.
Here are the steps that should be taken immediately if a slip and fall accident happens on your property:
Ensure The Affected Person Receives Medical Attention
It is important that the person who has fallen is assessed by a medical professional and given the appropriate treatment following the fall. However, if the injury appears to be serious, do not move the person. If necessary, perform first aid or call for emergency medical help. Make sure that the person who has fallen is assessed and given appropriate treatment. If the injury appears serious, do not move the victim. Perform any necessary first aid and call for emergency medical help.
Gather information from both the injured person and any witnesses to the incident. If possible, take photos of the scene and write down any details of the accident, including any specific materials or items that were involved in the fall. Evidence, including any broken or damaged items should be kept in a safe place. Collect contact information from both the injured party and any witnesses to the incident. Take photos of the scene. Write down details of the accident, citing specific materials, equipment and tools involved. Keep any evidence in a safe place. Damaged or broken materials should also be kept. These are usually the most decisive pieces of evidence for personal injury lawyers and accident attorneys.
Report The Accident
Contact your property insurer as soon as possible to let them know what happened. Be sure to follow any instructions your insurer gives you. Get in touch with your property insurer as soon as possible and let them know what happened. Follow any instructions your insurer may give you.
Get In Touch With The Injured Party Within 24 hours Of The Incident
Express your concern for the injured party’s well-being and inquire as to whether he or she has received appropriate medical treatment. Do not accept or assign blame for the accident. If you hear that a claim has been filed, contact your insurer right away. Express your concern for his or her well-being. Inquire as to whether the victim has received appropriate treatment and arranged for followup treatment. Do not accept or assign blame for the incident. If you find out that a claim has been or will be filed, notify your insurer.
Make Victim Aware That A Claim Will Be Processed
It’s important to take care of workers’ compensation claims promptly and properly.
If you are involved in a slip and fall lawsuit, it is important to have someone who is well-versed in personal injury law on your side. Call Skousen, Gulbrandsen & Patience today for a free initial consultation at 480-833-8800.