What do I do after a slip & fall?
There are several easy steps to remember if a slip and fall occurs: after regaining one’s composure, examine the substance which caused the slip and fall. Was the substance water or some other type of liquid? Was it clear, dirty, or had a specific color? For example: if the substance is blue or there are soapsuds, that may indicate a cleaning product had been used within the area, and the puddle would most likely have been caused by an employee. If it is dirty, then it may have been there long enough for an employee to notice and or take precautions to prevent your fall.
If a puddle has accumulated, look up at the ceiling. Is the roof dripping? If there is a leak from the roof, the owner of the building can be held responsible for the slip and fall. In general, operators of a store or premises hold the owner of the building innocent in the event of an accident.
Did the liquid or substance come from a spilled item in or around the location of the puddle? If an item was spilled and an employee simply walked by the item without taking any precautions, then the operator can be held liable for that employee’s negligence. If the liquid or substance occurred as the result of a leak, such as from a malfunctioning refrigeration unit, then the operator of the premises may have been aware of the issue prior to the slip and fall, and simply chose not to fix the malfunctioning appliance.
If possible, obtain the names and contact information for any witnesses. Do not be too embarrassed to ask; likely, the employees and or operators of the store or premises will give their version of what happened in an incident report. Ask to see the surveillance video. It is highly unlikely there is none. If you view the video, and it is later destroyed, then a judge can order a jury to assume the security footage helped your case. Make certain the person filling out the incident report writes down exactly what you say, word for word. If the person attempts to hand you a copy of an incident report be sure you read before signing it. Request that person draft an additional document which you have reviewed, and which includes your signature and date.
If you’ve been injured due to a slip and fall, let us help you. Call us with the details of your fall and let us review the facts. 1-800-332-1992
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Articles on this site are not binding legal advice and are being provided for educational purposes only. Laws change constantly, so articles on this site should not be relied on when making legal decisions. For the most current information, please contact our office.