Slip and fall accidents happen as a result of mop water used for cleaning, spilled liquids, sticky substances, and merchandise, like toys, causing a hazard on floors. When you consider the heavy foot traffic in supermarkets and department stores, it’s understandable that slip and fall accidents are commonplace. According to the National Floor Safety Institute (NFSI), the walking surface is usually identified as the primary cause of a slip, trip-and-fall accident, comprising 55% of all falls, and the remaining 45% are attributable to four other factors, including fraud, footwear, hazard identification, and training.
It’s important to follow the steps below after you slip and fall in a store. If you suffer injuries as a result of a slip and fall accident, you may be entitled to compensation.
What to do if you are a slip and fall victim.
- Report Your Fall. Immediately report your fall to the store owner or manager. If you are in severe pain or you have difficulty moving, remain on the floor and ask someone to get the store owner or manager. Get the owner or manager’s name, phone number and insurance information. Don’t give a statement about the accident or sign paperwork until you speak to a slip & fall attorney.
- Gather Witnesses Contact Information. Witnesses are the best way to prove that your slip and fall accident happened on the premises. Write down, or ask witnesses for, their contact information before you leave the store. You need to get the contact information of customers, store employees, managers and anyone who witnessed your fall.
- Seek Medical Attention. If your injury causes severe pain or you cannot get up, immediately call 911 or ask a store employee or customer to call for you. If your injury is moderate and you are mobile, get up carefully. You may not feel pain immediately after a fall. You need to follow up with your doctor. Injuries and pain can show up days later. If you see a doctor or visit the hospital, ask for medical records copies. Keep detailed notes of your appointments, injuries, and pain.
- Obtain Evidence to Prove Injuries. If your cell phone has a camera, take pictures of the accident scene. Write down detailed notes of your slip and fall accident including the date, time, location, and what conditions caused you to slip and fall. In the case of slipping on a liquid or sticky substance, keep your unlaundered clothing and shoes as evidence. Personal items can confirm your accident if they were damaged or soiled as a result of your fall.
Who is responsible for slip and fall accidents?
In most states, premise liability statute states that land and real estate property owners are liable if a person suffers from injuries on the property as a result of negligence. It is the store owner’s responsibility to provide consumers a safe environment by cleaning and repairing floors, aisles and uneven surfaces, both inside and outside of the premises. Property owners must regularly inspect the premises to detect unsafe conditions and make prompt repairs or warn the public of such conditions.
If you are injured on someone’s property, a court will impose liability on the property owner or possessor under the premises liability law if (1) the property owner owed the injured person a duty of care and (2) the property owner breached that duty of care.
When to Call an Attorney
A slip and fall lawsuit is a civil case. It is less costly for all parties if the lawsuit can be settled outside of court. Slip and fall lawsuits are settled outside of court if the attorney can prove a prima facie case to the premises owner/defendant. A prima facie case has evidence based on facts that clearly shows who is at fault. If prima facie cannot be proven, or if the defendant does not agree to the terms outlined by your attorney, the lawsuit will be resolved in court.
The premises owner will attempt to prove that they did not act negligently and that the victim is partly to blame for the accident which resulted in his or her injuries. Your attorney will discredit such claims. Your attorney will provide evidence of your different injuries, and that your injuries were caused by the premise owner’s negligence.
If the premise owner is determined to be at fault for your slip and fall accident, you may be eligible to recover these damages:
- Medical expense
- Pain and suffering
- Decreased quality of life
- Rehabilitative costs
- Personal property damage
- Lawyer fees
It can be difficult to recover fair compensation from a slip and fall accident without legal representation. If your slip and fall accident caused only minor injury, you can file a claim with the property’s insurance company. However, if you received serious personal injury, you should contact a slip & fall injury attorney to learn about your legal options and hold the property owner accountable for fair and reasonable compensation.