SLIPS AND FALLS
Each of us can become the victims of a "slip and fall" injury. Falls frequently occur under circumstances where you may be able to recover for your injury, such as may occur at any business establishment which does business with the public.
A fall may occur after slipping or tripping on liquids, broken glass, paper, or other obstructions on a floor. Most customers will notify a clerk or management if they see obstructions or liquids on the floor which may cause someone to slip and fall. However, in many cases, the obstruction or liquid occurs on the floor before management has an opportunity to learn of the obstruction.
"Premises Liability" of the property owner, operator or business, is usually determined by a variety of factors, such as the knowledge of the business as to the dangerous condition of a floor; how long the dangerous condition has existed; whether the business has knowledge that such accidents frequently occur; and whether such business has procedures in place to regularly inspect its floors to determine whether dangerous conditions exist.
Many businesses have been victims of false claims for slip and fall accidents. For that reason, most insurance companies carefully scrutinize any slip and fall claims.
If you are injured in a slip and fall accident, you should immediately seek medical attention. If at all possible, you should file a claim at the time of your injury with the property owner or manager where you were injured. If possible, this should be done before you leave the premises and while witnesses are still present. Most business establishments will make a report.
If the property owner has insurance which will cover your claim, as most do, an insurance adjuster will likely contact you to take a statement. We encourage you to talk to an attorney before giving such a statement. The purpose of obtaining such a statement is not only for the adjuster to evaluate your case, but to identify any potential defenses that the owner of the property or business may have. Additionally, this statement may be used to isolate or limit your injuries. In many cases, injuries may not become apparent until several days or weeks after the accident. If you have previously provided a statement, it may later be used against you to argue that you have made up new injuries or exaggerated your injuries.
As a rule, if you have been injured and the accident was not your fault, we may be able to recover damages for you. Many slip and falls will require the assistance of an attorney. Due to the legal requirements to establish your case in court, an attorney will be familiar with all the legal steps necessary to prove your case, including a medical testimony. If you or a family member has been involved in a slip and fall, please contact our office for an appointment.
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