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Has someone had a slip and fall incident on your commercial property? In this post, we discuss the steps they should take next.
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Premises liability is the area of law that comes into play in personal injury cases where the injury occurred because of an unsafe or hazardous condition on someone’s property. Most premises liability cases are based on negligence.
Premises liability claims usually require the legal services of a skilled and tenacious attorney. Personal injury lawyers at Roberts | Jeandron Law say that to win damages, you must prove that the property owner breached their duty of care to you as a guest on their property and also that the property owner is liable for your injuries and losses.
Firstly, report the slip and fall incident and request a completed incident report. A property owner can’t deny that an incident occurred if there is documentation. Be as descriptive as possible by including when the event occurred, the condition of the floor, and who was present. Also, make sure that you get a copy of the completed incident report.
In addition, get the contact information for the on-duty manager and any customers or employees that witnessed your slip and fall. Get their name, phone number, email address, and physical address.
Almost everyone has a camera on their phone, so use it to take pictures and videos of the factors that led to your slip and fall at the accident scene. For example, if you were in a grocery store and slipped on a wet floor where there was no signage, then take pictures showing that there was no warning of the danger to shoppers. Videos are particularly helpful in explaining the context of a scene if there are details that are hard to capture on camera.
If you are injured in a slip and fall accident, then you should immediately seek medical attention to determine if you have suffered any injuries and what steps you need to take to heal. Common injuries after a slip and fall include:
- Back and spine injuries
- Broken bones
- Cuts and lacerations
- Head, neck, and brain injuries
- Soft tissue injuries
- Wrist, elbow, and knee sprains
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Just because you were injured on a property does not mean that the property owner was negligent, nor does the presence of an unsafe condition. In order to win damages after your slip and fall, you must prove that that the property owner knew or should reasonably have known about the hazardous condition on the property yet failed to take the right steps to remedy the situation.
Your slip and fall attorney will manage all of the details pertaining to your damages and compensation. They will work with doctors, actuaries, financial experts, and other professionals to prove your damages. In order to win a premises liability case, you must prove:
- That the defendant owned, leased, or managed the property and thus had a duty to inspect and ensure that the property was safe for guests
- The defendant was negligent in maintaining safe premises for invitees or licensees
- That the invitee legally entered the premises, came into contact with the unsafe condition, and was injured
- The victim suffered damages
A personal injury lawyer will be very helpful in proving these elements and getting you the compensation you deserve.
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