Slip and fall cases occur when a person slips or falls because of a spill, damaged flooring, product, or other issue in the walkway on a business’s property. Slip and fall accidents can occur at any time and may happen inside or outside of the building. When they do happen, a lawsuit may be needed for the victim to get compensation for their injuries. This type of case involves a number of components, including the following.
The Incident Itself
The slip and fall case starts with the incident itself. Someone may trip in a grocery store because a drink has been spilled in the walkway and hasn’t been cleaned up yet. They could also trip over uneven pavement in a parking lot or fall because there is damage to the steps that they didn’t notice in time to prevent a fall. The victim will want to make sure they get medical attention right away after a fall injury to document the damages they suffered and the medical care needed going forward.
The Response and Documentation
If someone is injured inside or near a business, the incident should be reported to the manager or owner right away. In the case of severe injuries, medical care may be needed before management can be notified. If possible, the victim should get the names and contact information for the management at the store, as well as any witnesses to the incident. After receiving medical care, the victim may want to request copies of any documentation created by management regarding the incident.
Evidence of the Accident
It will be necessary to obtain evidence of what happened and how the accident occurred. The victim may be able to request surveillance footage of their fall to use in court if needed. In some cases, a lawyer may need to make the request because the victim can be denied a copy. They may also need other evidence, such as witness statements or copies of medical records, to help show what happened and the resulting injuries.
Liability for the Accident
A part of the case will include determining liability for the accident. This can be a crucial part of the case because there have been fraudulent slip and fall cases. Many businesses are going to deny any claim initially because they are concerned about fraud, but lawyers may be able to prove liability and show that the business does owe the victim compensation for their injuries.
Liability can become more complex when there are multiple parties that could be held liable. If the accident occurred due to damage to the parking lot, for example, and the business is renting their space in the building, they may not be liable for the accident. The property owner could be liable in that example. It can be crucial to speak with a lawyer when filing a claim to help prove the incident was not fraud and to determine who is liable.
These are just some of the components to expect in a slip and fall case. If you’ve been injured in a slip and fall accident, speaking with a lawyer can help you to learn more about the claims process and to see if you have a case. If so, they can help with gathering evidence, negotiating a settlement, and going to court if needed. Schedule a consultation now to learn more about your case.
