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A Guide on What to Do with a Dangerous Walking Surface


Dangerous surfaces exist throughout Nevada and take many forms to present a slip, trip or fall hazard. These are all too common causes of torn ligaments, broken bones, and traumatic brain injury. The effects can be permanently life altering. A slip, trip or fall may leave you unsure of what to do, what are the next steps to take? Your well-being is the top priority, so it's crucial to know what to do in the aftermath. This will guide you through the necessary actions to ensure your safety, document the incident, and potentially seek the support you need.

  1. Prioritize Your Safety

  • Check for injuries, and, if seriously hurt, call 911 and obtain medical attention immediately.
  • Remain calm and avoid unnecessary movements.
  1. Notify Security, Property Owner, or Manager

  • Report the incident to security, the property owner, manager, or staff immediately.
  • Request and fill out an incident report, ensuring you receive a copy for your records.
  1. Document the Scene

  • Take clear photos and video of the area where the slip, trip or fall occurred, making sure to include hazardous conditions like wet floors, uneven surfaces, obstacles, lack of warnings, and other safety concerns.
  • Note the date and time of the incident.
  1. Identify Witnesses

  • If there are witnesses, collect their contact information.
  • Witness statements can be very important if you pursue a legal claim.
  1. Seek Medical Attention

  • Even if injuries seem minor, seek medical attention if you are concerned about your health. Early intervention can lead to a much better outcome and avoid delayed recovery and missed time from work and other activities.
  • Prioritize your need for evaluation, testing and treatment. Document all medical visits, treatments, and expenses related to the incident.
  1. Preserve Evidence

  • Preserve the clothing and shoes worn during the incident and any other items that were involved or damaged as these may serve as crucial evidence.
  • Keep copies of incident reports, photos/videos, statements, medical records, bills, and correspondence (text, email, letters) related to the incident.
  1. Contact an Attorney

  • If you believe a dangerous condition, unreasonable acts, or what we often call negligence contributed to the slip, trip or fall, find out your legal rights by consulting with a personal injury attorney.
  • You can receive helpful and necessary medical and legal information, as well as legal advice and guidance through an attorney’s representation that may result in compensation for your past and future harms and losses.
  • There is no cost to you for contacting and hiring an attorney who works on a contingency-based fee like our firm unless and until your claim is successful.
  1. Notify Insurance Companies

  • The property’s insurance company should be notified about the incident to start the claim, though often this is best to do through an attorney to protect your rights (e.g., don’t want to say something that can be used against you).
  • Avoid providing detailed statements to the property owner's insurance without consulting an attorney.
  • Cooperate with your health insurance so it pays the bills without unnecessary delay. It will have a right of reimbursement, which an attorney can assist with.
  1. Preserve Your Rights

  • Avoid posting anything about the incident or your injuries on social media or anywhere public. Defendants and insurance companies look on social media for any information they can use against victims or claimants.
  • Avoid giving recorded or detailed statements before consulting an attorney.
  1. Keep Records

  • Maintain detailed records of all communications, medical treatments, and expenses related to the incident.
  • This documentation will be crucial if you decide to pursue a legal claim.

A slip, trip or fall can be a complex situation and seeking legal advice when you suffer injury or damage is often smart and beneficial. At Bertoldo Carter Smith & Cullen, we are dedicated to the well-being of our community. If you've experienced a slip, trip or fall due to some person’s or company’s negligence, don't hesitate to reach out to us at 702-505-8115.

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