The Moments After Your Slip & Fall May Be Most Important

You slip and fall at a restaurant or grocery store, what do you do?  If you are like most people, the embarrassment of the fall makes you jump up off the floor and claim that you are alright.  However, when things calm down, you feel the pain from the fall.  Therefore, it is important that you take steps to protect your rights.

The Element of Liability

First and foremost, just because you fell on someone’s property does NOT make them automatically responsible.  You and your attorney will have the burden to show that the property owner knew or should have known of the dangerous condition, but didn’t take reasonable precautions to avoid injury.

Evidence is Crucial to Establish Liability

The moments after your fall are most crucial to establishing liability.  Here are a few things that you should do:

  1. Look around and see what caused you to fall.  Was there a substance on the floor?  Are your pants wet?  What is the substance?  What does it smell like? 
  2. Look to see if there is evidence of how long the substance has been on the floor.  Are the footprints or shopping cart tracks through the substance.  This will support the claim that the property owner had ample time to notice the dangerous condition.
  3. Take photographs of the area.  In today’s modern age, take out your cell phone and snap photos of the area where you fell and the surrounding areas.
  4. Talk to witnesses and get their name and telephone numbers.  They will be needed in the future.
  5. Get the names of all the employees who helped you after your fall—especially the one who came out and mopped up the substance after your fall.

A slip and fall case can be difficult to present to a jury.  However, with the proper documentation in the beginning of the case, the claim may be able to get resolved without protracted litigation.

For more information about your rights after a slip and fall case, contact Personal Injury Attorney Matthew Noyes.  Remember, insurance companies have attorneys—so should you!

 

The content of this article is provided for informational purposes only. If you need legal assistance for an injury, consult with Matthew Noyes, or a Personal Injury Lawyer near you to discuss the details of your case.
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