Things To Consider In A Slip And Fall Injury Claim
Michael Babboni
Personal Injury
Tripping and falling all of a sudden is an unfortunate incident. You may end up embarrassed and a bit disoriented, but you will most likely continue with your day afterward. However, there are instances when a person experiences more than a simple slip.Some slip and fall accidents lead to serious injuries. According to the Centers for Disease Control and Prevention (CDC), one in every five cases results in severe physical injuries. These include bone fractures and even head injuries. In more critical cases, there are even slip and fall accident-related deaths.
The Condition Of The Surface During The Accident
Having solid proof is essential in building a slip and fall case. You may have to take photographs of the sidewalk, floor, or surface where the accident occurred. These may help show the hazardous condition that the property owner may have created or failed to correct. Here are some of the most common conditions that lead to slip and fall accidents:
• Wet floors that a cleaner left without putting up warnings
• Using the wrong wax or inadequate buffing after waxing
• Allowing the accumulation of water on surfaces at entrances
• Loose floorboards or tiles
• Loose rugs or torn carpeting
• Loose handrails or broken stairs
• Uneven, broken, or cracked sidewalks
• Potholes at the parking lot
• Debris, tools, equipment, or wiring on the floor, sidewalk, or walkway
• Floor displays that extend into the aisle
• Leaking bottles with substances that may spill on the floor
What You Were Wearing
Another factor that may affect your case is what you were wearing during the accident. The lawyer or representative of the property owner may ask to inspect the shoes that you wore when you were injured. The state law allows the consideration of evidence of contributory fault on the victim’s part.
You may want to preserve the clothes and shoes that you had on when the accident occurred. Show them to your slip and fall lawyer. This way, they can help you understand how these things can affect the amount of compensation you can get or prepare to disprove claims of contributory fault.
What Responsibilities You Have As A Victim
As stated earlier, proper evidence is necessary for a slip and fall injury claim. Under Florida law, the burden of proof lies on the victim. If you are the injured party, you have to prove that the property owner knows about the conditions of the area where you slipped but has failed to address the problem that led to the accident.
Taking a photo will show that there is an existing hazardous condition. At the same time, it can establish that the owner is aware of the situation.
Aside from taking photographs and keeping your clothing or shoes, you have to report the incident to the person in charge, such as the store manager. If you cannot find someone with authority, you can file a report to the police.
After reporting the accident and getting proper treatment, consider calling a personal injury lawyer. Tell your attorney every single detail that you remember about the incident. You can also provide witness statements if there are any. These can help your lawyer prove how you slipped and prove whether another party is at fault.
A reliable slip and fall lawyer can also help evaluate the circumstances carefully, preserve useful evidence, and secure other supporting data. So if you or a loved one sustains injuries due to the negligence of another party, do not hesitate to contact an attorney to properly handle the case.