8 Tips to Keep in Mind if You Fall on Someone Else’s Property
One of the main things we have heard from clients who describe a slip and fall incident that has resulted in an injury, is regarding the initial shock and embarrassment they feel, followed by a reaction to just leave the scene due to the embarrassment. Later on, they realize they are in pain, need to see a doctor, and have left the scene of the accident without taking photographs, filing any kind of accident report, or taking a number of other steps to ensure their medical expenses can possibly be covered by the owners of the property where the accident took place.
Making matters even more challenging, Florida law requires the injured person to prove “the business establishment had actual or constructive knowledge of the dangerous condition AND should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:
(a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
(b) The condition occurred with regularity and was therefore foreseeable.” (Florida Statute 768.075).
The aforementioned details can be difficult to prove.
Here are a few tips to keep in mind if you happen to suffer a slip and fall on someone else’s property:
- Take detailed photographs of the scene including what caused you to fall. Whether it was puddle of liquid, an item on the floor, or some other type of dangerous condition, it is important to have photos to give visual representation of what caused your fall. If you are unable to take photos, try to ask someone else to do it.
- Write down names and contact information of anyone who witnessed your fall or arrived immediately after the fall, including employees and managers present in a place of business.
- File an incident report and ask for a copy.
- Ask the manager to save any videos that may show how you fell.
- Do not give a recorded statement to anyone from the insurance company that represents the company where you suffered the fall. There is no legal obligation for you to do so.
- Save the shoes and clothing you wore the day of the fall and do not clean them. Evidence of a substance causing your fall could be on your shoes or clothes and could provide further support to your case.
- Get checked out by your doctor as soon as you can.
- Speak with an experienced personal injury attorney regarding your rights.
