Property owners owe a duty to visitors to keep the property reasonably safe and free from hazards. When they fail to uphold this duty and someone is injured as a result, they are exposed to legal liability for covering the cost of the injured party's losses relating to the accident. These types of cases are referred to as “premises liability” cases and slip and fall claims are among the more common subset of this category.
A slip and fall can occur on a variety of different property types and under a variety of conditions. A person may have slipped and fallen on a slippery surface, an uneven walkway, or stairs that have fallen into disrepair, among other locations and causes. Preserving your slip and fall claim is extremely important as insurance companies will fight paying out on your claim. Here, we will review what to do after a slip and fall to protect yourself, your health, and the value of your potential slip and fall claim.
What to Do After a Slip and Fall
After being involved in a slip and fall accident, seek immediate medical attention. This is critical to your injuries being properly addressed and treated. It is also important to your slip and fall claim. Doctor's examinations and medical records will be the strongest evidence in your claim. It will prove that you were in fact injured in the accident. Without obtaining medical treatment, you risk your claim being dismissed or at least devalued significantly by the insurance company.
You should also report the accident as soon as possible. Slip and falls commonly occur in places of business. This means you should inform management about the incident and see to it that an accident report is generated. Get a copy of this accident report and make sure all details of the event are accurately recorded in it. The sooner you retain a slip and fall accident attorney, the sooner they can make the appropriate demand that video surveillance footage, to the extent it exists, be preserved.
Due to being injured, you may be unable to take photos or take other steps to document the accident scene, but, if you can, do so or have someone you are with do so. Take pictures that reflect the circumstances surrounding and the cause of the slip and fall accident. This means documenting the hazard(s) that caused you to fall. It may also include taking pictures of your injuries. If there were any witnesses to the accident, it is a good idea to get a statement from them as well as their contact information so they can corroborate the events that transpired.
For the accident report, photos, witness information, medical records, medical bills, and other documents about the accident, it may be a good idea to keep all of these important documents together in a case file.
In talking to people about the accident, this especially includes any insurance companies that get in touch with you. Be sure to avoid accepting or assigning blame. Liability is a fact-specific inquiry that will require evaluating the totality of the circumstances and the evidence of such. Making assertions regarding who is at fault or partially at fault will only serve to undermine your claim.
New York City Personal Injury Attorney
After a slip and fall accident, reach out to dedicated personal injury attorney, Michael J. Redenburg, Esq. P.C. Attorney Redenburg will counsel you on the steps you need to take to protect yourself and the value of your claim as he works to tirelessly pursue your right to full and fair compensation for your losses. Contact our office today.