Slip and Fall
Brett A. Carter:
Whether it’s a slip and fall, or a trip and fall, it involves something that caused someone to go down, hit the ground, or twist, or turn, cause some kind of injury. And what’s causing that trip or slip and fall is the issue here. Is it something that the owner knew or should have known about? Is that in unreasonably dangerous condition? Is it something that’s not obvious, is it something maybe that was caused because you were distracted? When we walk in the supermarket, or walk in the mall, we are constantly bombarded by images, trying to grab our attention. That’s the way it’s designed, that’s what the property owner wants to do. So if there’s something dangerous on the floor that they could’ve prevented, or that they caused, they’re responsible for that. If you’ve been involved in a trip and fall or a slip and fall or some other kind of injury on someone else’s premises, what you need to do, obviously, is report it. Okay, now you might not be thinking about ,”I need to gather names, I need to take photographs.” If you’re injured, the most important thing, obviously, is seeking medical attention. But, if later you need to present a claim because the accident wasn’t your fault, documenting the condition of the scene is paramount. It’s extremely important. And so, looking around you, what caused you to fall, trying to find out what that dangerous condition was. If you can, obviously, get names of witnesses. Take photographs of the scene. We all have cell phones now, and they have the ability to take photos and video. Use that to your advantage. Document, document, document the scene. That could make the difference between being successful or unsuccessful in presenting a claim.