When you visit someone’s property, whether a commercial business or a private home, you have the right to expect the premises to be safe. This is called “duty of care” and it refers to the responsibility of a home or business owner to ensure that their property is free of hazardous conditions.
If they fail to do so, you or someone you love could suffer a slip and fall injury because of the owner’s negligence. Slips and falls affect many people each year and can be the result of dangerous premises. Slip and fall victims harmed by negligent business owners may be due compensation for medical bills, lost income, and reduced quality of life because of long term injury. It’s important to know what to do after a slip and fall accident so you can collect maximum compensation if you decide to pursue a legal case following your accident.
Causes of Slip and Fall Injury
Slip and fall accidents happen for a variety of reasons including:
- Unsafe flooring
- Wet surfaces
- Uneven concrete
- Unsafe stairs
Steps to Take After a Slip and Fall Accident
If you’re wondering what to do after falling, our slip and fall accident lawyers are available to help. In the meantime, there are a few steps you should take.
1. Seek medical attention right away.
Your health or the health of a family member who has slipped and fallen on commercial or public property like a grocery store, restaurant, bar, or hospital is paramount. Seek appropriate medical care immediately. Get medically evaluated even if injuries don’t seem serious at the time.
Prioritizing your health is always most important, as is ensuring you have proper documentation in the event you choose to pursue a legal claim following an accident. Seeing a doctor and documenting the nature of your injuries can help later determine the cause and effect between the dangerous hazard you encountered, your fall, and your injuries.
2. Document what happened.
Think about what you were doing right before your accident and how any hazards led to your fall. Were entranceways, walkways, and stairs obstructed, not accurately marked, or improperly maintained? Did the area where you fell contain any hazards such as unmarked wet floors, exposed wiring, an errant extension cord, uneven flooring, or ice?
Documentation could include writing down details you remember and taking photographs of the scene. Modern cell phones with high-resolution cameras are great for this purpose and provide an instant timestamp, which is critical in demonstrating the condition of the premises at the time of the accident. If security cameras are present on the property, attempt to obtain video evidence of your fall. Try to document visual evidence of the impact of your fall, including any bruising, bleeding, or visible swelling from your injuries. Paired with a doctor’s report, these photos make strong evidence. If you are unable to gather evidence on your own, a lawyer can help.
3. Gather the names and phone numbers of any witnesses.
Witnesses are key to any personal injury claim and their word can be as valuable as the visual evidence you collect at the scene. Be sure to ask for names, phone numbers, emails, and a place of business or physical address so you can contact them later. Ask when it is convenient to contact them to make a statement regarding your fall and to potentially act as a witness in court. Acquire several sets of contact information in case you are unable to get in touch with some witnesses. Having multiple witnesses whose recall matches your description of events adds further certainty to your case.
4. Obtain the name of the property owner or manager.
When you or a family member are able, collect the name or names of the individuals or company responsible for the property, whether that is an owner or operating manager. Slip and fall cases hinge on proving property owners or operators violated their duty to maintain a safe, hazard free premise. You and your lawyer need this information to contact appropriate individuals as you gather evidence.
5. Create an accident report.
Report your slip and fall to the property manager or landlord as soon as possible and have them document your accident. This step serves two purposes:
- It grants your legal slip and fall claim credibility.
- It allows the property owner to fix the problem before someone else is injured.
Keep your conversation minimal and stick only to the facts of the incident. Do not provide any statements that could be construed as admitting fault for your accident.
6. Contact an experienced personal injury lawyer.
After a slip and fall accident, lawyers for the property owner or manager may try to distort the situation, even when the evidence is clear. Successfully creating doubt is a common strategy for personal injury defendants, unless a clear alternative narrative accurately reflecting the incident is established by the plaintiff, ideally with the help of an experienced lawyer. A lawyer can also help with witness statements, obtaining video and photographic evidence, and coordinating with medical professionals to record your injuries thoroughly so you can focus on your medical recovery.
Contact a slip and fall lawyer at Stephens & Holman for a no-risk, no-obligation consultation. We have the knowledge and experience to help you navigate a successful personal injury case.
7. Avoid making a statement.
After you’ve reported your slip and fall to a person affiliated with the property, an insurance adjuster may attempt to contact you. You are not required to, nor should you, make any statement to them regarding your slip and fall. Stay calm and otherwise engage this individual by referring them to the original report or having them contact your lawyer directly. Your lawyer can protect you from any insurance company intimidation or harassment. Remember not to blame the owner, operator, or anyone else associated with the property, even if that person is clearly at fault.