If you are ever involved in a slip and fall accident, make sure that you or someone you are with asks these questions as soon as possible:
What caused you to fall?
You need to know what exactly caused you to fall. Try to get as much information as you can from the property owner or manager, any employees if you are at a business, and anyone around you when you fell. In all cases, try to get as many photos of whatever caused you to fall. When gathering information, keep these things in mind:
- If you slipped in something liquid, try to find out what exactly it was. If you can’t know for sure, try to write down a description notating things like color, feel (was it sticky, slimy, thick, watery, soapy, etc.), and odor. Write down an estimate of the size of the wet area.
- If you tripped over something, try to find out exactly what it was. Write down an estimate of its size. If it was a cord or something similar, try to find out where it came from and what it was connected to.
- If you fell because of something broken or damaged, try to find out exactly what it was. Try to write down the specific way it was broken or damaged. If you can, find out what caused it to break or become damaged. Try to find out if it was somehow defective. If at all possible, keep and preserve whatever it was that caused you to fall.
How did it get there?
No matter what it was that caused you to fall, you need to know how it got to where it was. Try to talk to as many people in the area as you can—if you are in a place with a lot of people, someone else may have information that the owner or manager may not know or be willing to say. Answering this question may be difficult, especially if you are in a place with a lot of people.
How long has it been there?
It is important to establish a timeframe for whatever caused you to fall. A property owner or manager may not be liable for injuries if there was not enough time for them to discover and fix a dangerous situation. This may be a difficult question to answer, especially if the property owner or manager says that they did not know that something was wrong. Try to talk to as many people in the area as you can—if you are in a place with a lot of people, someone else may have information that the owner or manager may not know or be willing to say. If no one can tell you how long it had been there before you fell, do your best to estimate. See if there is any evidence that might suggest that it had been there for a while.
Who knew about it?
The property owner or manager may be liable for your fall if they or someone that works for them knew about the dangerous situation and did not adequately try to fix it. If you can, talk to the property owner or manager and get an explanation from them. Do not be surprised if they say that they did not know that something was wrong. Try to talk to as many people in the area as you can—if you are in a place with a lot of people, someone else may have information that the owner or manager may not know or be willing to say. If you are in a place that has security cameras, ask if you can view the security footage, but don’t be surprised if the answer is no.
Who saw your fall?
If there were any witnesses, make sure to get as much information from them as possible, especially their name and their contact information. Ask any witnesses if they would write, text, or email you a statement of what they saw. If you are in a place that has security cameras, ask if you can view the security footage, but don’t be surprised if the answer is no. If any incident reports or witness statements are taken by the property owner or manager, ask if you can have a copy, but don’t be surprised if the answer is no.
Which insurance covers them?
If you can talk to the property owner or manager, ask them what insurance coverage they have. Make sure to write down as much information regarding their insurance as you can, including the name of their insurance carrier, their policy limits, their policy number, and the name and phone number for their adjuster. If it is a business or government entity, try to get as much information for their corporate offices or their risk management department, including an address and telephone number.
What evidence can you keep?
Make sure to keep as much evidence as you can. Try to take as many photos as you can of the area where you fell, whatever caused you to fall, and your injuries. Make sure to write down the names and contact information of everyone that you talk to. If you are in a place that has security cameras, ask if you can view the security footage. Ask any witnesses if they would write, text, or email you a statement of what they saw. If any incident reports or witness statements are taken by the property owner or manager, ask if you can have a copy. If at all possible, keep and preserve whatever it was that caused you to fall.
If you were injured in a slip and fall accident and you believe the property owner or manager could be responsible, schedule an appointment with an attorney to discuss your options. Premises liability is a complex area of law and finding a good lawyer, like a personal injury lawyer from Brandy Austin Law Firm, PLLC, will be crucial to pursuing a claim against a property owner and their insurance company.
