When injured in a slip and fall, it may not be apparent that the accident was not your fault. We might not immediately realize that the accident may not have happened if it weren’t for someone else being irresponsible or careless. The issue is that you are the one who has to deal with the consequences of your injuries, not the negligent party. It is not the other party that has to feel pain, undergo medical treatment and surgeries, take time off from work, and deal with all of the secondary consequences of an injury. For example, financial hardships, such as loss of income and medical bills. It is best to speak with an attorney if you have been involved in a slip and fall.
How to determine if someone else is at-fault?
When we slip and fall or trip and fall, it could easily be our own mistake. For example, losing your balance, mis-stepping, tripping over your shoes or laces. In these instances, it’s usually nobody’s fault. However, if you fall because of a dangerous condition, that’s frequently another’s fault. Dangerous conditions may include cracked sidewalks, broken floors, broken or unsafe steps, snow and ice, and inadequate lighting. In such circumstances, the property owner may be liable for any injuries you experience as a result from falling.
Falling and becoming injured on someone’s property is not, in itself, enough to hold them liable. For the property owner to be held responsible, they must have “notice” of the dangerous condition. We can prove that the property owner had notice by showing they actually knew. Actual notice is shown by proof of the owner’s knowledge or if they created or caused the condition. If we do not have evidence to support that the property owner actually knew, we can prove notice by showing that they should have known.
What should you do if you are injured by falling?
First, and most important, seek medical attention. In a slip and fall or trip and fall case, you will need to prove you were injured. Without medical records documenting your fall and injuries, you will not have proof of your injuries.
Secondly, contact us immediately. It is never too soon. The earlier we’re hired, the sooner we can investigate and gather evidence. Waiting does not help your case. Witness and video can disappear shortly after the accident. The property owner may repair the defect, leaving us unable to prove there was a dangerous condition. We take prompt action both in litigation and in gathering evidence.
We do not just help you with the legal aspect. Everyone has their own unique situation and having the advice of counsel who fighting for you will make the process smoother. For example, maybe you do not have health insurance. We may be able to find a way that you’re able to seek the medical treatment you need without racking up medical bills.