Slip and Fall
Slip and fall or trip and fall are the generic terms for injuries that occur as a result of dangerous or hazardous conditions on someone else's property.
What make someone responsible for a slip and fall case?
Property owners are responsible for injuries that occur as a result of dangerous conditions on their property, which the owner created, knew about or should have known about. The hazard may be obvious (such as a broken stair) or hidden (like a hole under the carpet). In general, an owner will be considered to have knowledge of a dangerous or hazardous condition if it is permanent. In case of temporary conditions, the length of time that the condition existed before the accident occurred has legal significance. For example, the discoloration of a piece of fruit on the floor, in the produce department of a grocery store, may be used to prove the length of time that the hazardous condition (piece of fruit) was on the floor.
What should someone do after they slip and fall?
Inspect the area where you fell. Attempt to understand what caused you to fall. If you are unable to explain what caused you to fall will usually mean that you do not have a case. If there are witnesses, be sure to write down their name and the address. If the incident occurred in a business, be sure to speak with the manager on duty. Have that manager fill out an accident report and be sure to have a copy made for your records. If an employee or a supervisor suggests, or admits, that this type of incident has occurred in the past, make a note of that and write that persons name on the copy of your report. Also, be sure to make note of the date that the accident on occurred.
You should also be aware that what caused you to fall may be repaired after your incident therefore you should keep record of the condition via picture or video.
What should I do about my Injuries resulting from my fall?
Get Medical Help: When needed, it is important that you receive medical assistance immediately. If you think you may be OK but begin to experience pain or discomfort, follow up with medical care. There are no prizes for being a hero. It will be quite difficult to assert a claim for injuries and pain and suffering without proper medical documentation. Since the insurance for the party at fault may pay your medical bills, you are not restricted by your health plans list of doctors. Days following the accident you may begin to experience symptoms that were not present immediately after the accident. Symptoms may arise even following a minor slip and fall. Some of the common symptoms are:
- Headaches
- Neck and back stiffness and pain
Most people who are suffering from "soft tissue" injuries seem to find that some form of treatment or physical therapy works best. Clients often seek care from a Chiropractor or Physical Therapist. Clients suffering from more serious injuries are usually seen in the emergency room. Often times persons will next be seen by an Orthopedic surgeon, Neurosurgeon or a Neurologist. However, each case and injury is unique and may need other specialist to evaluate and treat your condition. You may also want to consider getting a second opinion.
How long do I have to file a claim?
Every state has a "statute of limitations" which limits the time you have to act. Some states require you to give notice to the landowners within 30-90 days of the incident. Also, there may be certain limitations or immunities if the landowner is a governmental agency or your employer. Be sure to check with an attorney in the state where you fell for the proper "statute of limitations" and any other issues you need addressed to protect your claim.