| SLIP AND FALLS |
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Slip and trip and fall injuries are difficult claims to successfully prosecute. There must be proof the property owner or business operator (including employees) had actual or constructive notice of a dangerous condition prior to the incident. Such knowledge must have allowed enough time for the condition to have been remedied and/or for an adequate warning to have been given. There also must be proof the dangerous condition was not "open and obvious," or in other words, the dangerous condition "was not ordinarily readily observable." Additional facts must also be proven to have a successful claim. Injuries should be reported to the property owner or business operator as soon as possible. Often, a business will use a pre-printed form usually called an "Incident Report" to record the facts relating to the incident. It is imperative that all possible relevant information be contained in the Incident Report as it can become part of the "evidence" of the claim. Complete and accurate Incident Reports increase the likelihood for a negotiated settlement of your claim and can also enhance the likelihood of prevailing if litigation becomes necessary. If no Incident Report is taken, the incident can be documented by sending or hand delivering a letter to the property owner or business operator soon after the incident. It is advisable to have an attorney help in the preparation of such a letter and advise you how to document its receipt. When you make an Incident Report, ask for a copy and do not ever sign an incomplete or inaccurate report. For example, a statement made by an employee acknowledging prior knowledge of the dangerous condition should be fully detailed (eg. "Sorry, I just mopped the floor there boss and I guess I forgot to put out a wet floor sign..."); such a statement should be detailed in the report along with the employee's full name and employee number, if applicable. Always make sure the dangerous condition causing the injury to occur is fully and accurately detailed in the report. It is your claim and it is your report of the claim, so feel free to make necessary corrections yourself on the report form to avoid inaccuracies or omissions, before you sign it. If the person taking the Incident Report objects you may - without even looking up - state that you are not signing a report containing incomplete or inaccurate information. Then, you may proceed to fully document all the relevant facts accurately by adding them to the report before you sign it. Also, you can ask for a copy of the report with your changes/additions, before you sign it. If your request is denied, then you can document the denial of your request for a copy when you sign the report by printing near the signature line, "A copy of this report was requested but was denied." If you are not asked to sign a report, still ask for a copy. One may or may not be provided. If you believe it is either incomplete or inaccurate you should immediately contact an attorney for advise. An attorney can advise you on the best way to document the omitted or inaccurate facts. Remember to list on the report form (or advise the person completing the report form of) any and all symptoms of an injury you believe was caused by your fall. If you are unsure you received an injury then clearly state that as well, plus always give detailed information on how your fall occurred. Report that you intend to be checked out by a physician if you received an injury or one is suspected. Lastly, if you are injured or believe you may be injured then seek immediate medical attention. It is always easier to prove an injury resulted from a fall if a diagnosis is made soon afterwards and timely medical treatment is better for your health. If you have suffered a significant injury as a result of a dangerous condition while on the property of another, have your case immediately evaluated by an experienced attorney who has successfully tried such cases. |