Regardless as to how careful or cautious you may be on a day to day basis, accidents happen to the best of us. Even in our own office, we’ve had instances where a staff member has tripped over their own foot, causing them to fall and get back up.
But what do you do if you’ve been seriously injured due to a slip or fall while inside of your workplace, private building or a public area?
Our Temecula Slip and Fall Lawyers have the experience that you need to provide proper counsel and defense for your personal injury claim. Contact us today or give us a call at (951)289-5800 to schedule your free case evaluation and consultation.
What is a Slip and Fall Accident?
Slip and fall refers to a personal injury situation in which someone trips or slips, falls, and gets injured on the property of a business or another person. These accidents are actually incredibly common. Sometimes, these accidents can even lead to serious injury.
Even if the injury is minor, you can get compensation for a slip and fall accident. It’s all about showing how the other party is at fault.
Slip and fall accidents are usually on the premises liability legal category. This means that the owner of the premises is liable for the accident.
Many different conditions can lead to a slip and fall. For example, a torn carpet, a new floor, bad lighting, steep or narrow staircases, and wet floors can all result in this type of accident. These accidents can also happen outside because of conditions like ice, snow, and rain, or when hazards like potholes aren’t properly marked.
No matter what, if you want to receive compensation, you have to have an injury, even if it’s minor.
How to Benefit from a Slip and Fall
Proving fault is the challenging part of a slip and fall case. There’s no one concrete way to prove who’s at fault. Getting compensation depends on proving that the owner of the property didn’t take precautions to prevent the accident.
However, the other party might also try to prove that you didn’t take precautions to prevent yourself from being injured.
If you were injured, you’ll need to prove that your injury was caused by a dangerous condition on the property. You’ll also need to prove the property’s owner or manager knew that the condition was dangerous, and didn’t take the proper steps to prevent issues.
What You’ll Need to Prove
This “dangerous condition” has to present an unreasonable type of risk to someone on the property, and it has to be a situation that you couldn’t have foreseen. Otherwise, you could have taken steps to prevent injury. You’re held responsible for staying away from clear sources of danger.
To prove your case, you must show that:
- The property owner created or allowed a dangerous condition
- The property owner was aware of the danger and didn’t take steps to fix it
- Or that the condition was dangerous for such a long time that the property owner should have noticed it and fixed it before the injury occurred
If you think these factors apply to you, then you probably have a case for compensation.
What to Do After a Slip and Fall
So you’ve recently fallen victim and now you have an injury that is limiting your physical capabilities. Now, let’s take a look at the ideal steps to follow after a slip and fall accident.
1. Get Medical Attention
Your first step is to seek medical treatment as soon as possible after the accident. This will help keep you safe by ruling out injuries you might not be able to see right away. The word of a medical professional can also help you win your case.
Make sure to get a diagnosis of any injuries in writing from the doctor who sees you. Keep up with any recommended follow-up care and document the process. Also, keep track of ways the injury impacts your life, such as causing you to miss work.
2. Revisit the Scene
Next, go back to the area where the accident happened and give it a close look. You might find an obvious sign of danger, such as a patch of black ice or a damaged carpet.
Write down exactly what happened when you fell, including the date and time of the accident. This will help you when and if you have to present your case in court.
3. Gather Witnesses
If anyone else was there when you fell, be sure to gather their contact information, including names, phone numbers, and addresses. Get contact information both for people who saw you fall and for people who saw the aftermath.
For example, someone who didn’t actually see you fall could still help by describing how much pain you were in, or by describing the conditions that caused the fall.
4. Follow Required Procedures
Depending on where the accident happened, you might need to fill out an accident report or notify the manager on duty. Make sure anyone in charge of the area is aware of what happened as soon as possible.
Take notes of how people in the business or residence react to news of the fall. For example, if someone suggests the same thing has happened before, make a mental note and write it down later. Try to get the name of the person who said it.
5. Take Pictures
Document the danger that caused the slip and fall accident with a camera. Get these photos soon, before the property owner has time to make any changes to the area.
6. Get Legal Representation
Attorney and insurance adjusters from the property where you fell will probably start to approach you and make you some offers. However, these people are trying to pay you as little as possible. Instead, get the help of your own lawyer who can represent you and help you get the compensation you deserve.
Have You Been in a Slip and Fall Accident?
When you take the right steps after your accident, you can turn a negative into a positive by getting compensation for what happened. Remember to keep clear records from the accident and speak to an attorney if you believe you deserve compensation.
It’s all about having the right lawyer on your side.
When you need representation, we can help – contact us to learn how.