Proving Fault in a Slip and Fall Case
Each slip and fall case is different and determining who is at fault rests on the property owner and if they were aware that there may be a safety issue and if they acted carefully to help prevent any accidents from happening on their property.
If you are involved in the slip and fall, then you must be able to prove that the accident was caused due to the negligence of the owner and a dangerous condition that was present such as poor lighting, broken or cracked walkways or sidewalks, or a wet floor.
In order to prove that the owner is responsible for the dangerous conditions in which the accident occurred then you must be able to show that the owner did, in fact, create the dangerous condition, they knew the condition existed and chose not to fix it, and the condition was present for a lengthy amount of time in which the owner should have discovered and fixed it before any slip and falls occurred.
After a Slip and Fall
Immediately following a slip and fall incident, it is important that you seek medical treatment for your injuries. Doing so will also allow for proper documentation for the injuries which will help you when you file your claim.
You will then need to report the accident and provide details of the incident in writing. Be sure to discuss the details with the owner of the property and ask for a copy of the report.
Always document everything. Collect all important information such as names, addresses, and phone numbers of any witnesses as well as their statements detailing what happened. You should also take photographs of the area in which the slip and fall occurred and write down all details including what you were doing leading up to the incident, how you fell, and what you were wearing.
You will then want to limit any further communication you have with the property owner and decline giving a statement to the insurance company until you have spoken to a personal injury attorney, so you are well aware of your rights.
A personal injury attorney will be at your side throughout the process and will be able to explain the steps involved. They will also be able to help you prove fault for the slip and fall which is important because these cases can sometimes be very complex and requires a lot of detail and documentation to prove liability.
An attorney will then help you get the compensation you deserve and will provide you with a bumper between the insurance company, the adjusters, and yourself. Insurance companies will not have your best interests in mind and may try to undervalue your claim. An experienced attorney is well aware of the insurance companies’ tactics and will ensure that you receive proper treatment and a fair settlement for your injuries..