Posted on: 19 December 2017Share
If you slip and fall in a business establishment or on someone else's property, you may have a reason to be compensated by the owner's insurance company. However, it is not guaranteed. There are specific criteria that need to be met for any claim to be approved. You will need to meet with an attorney experienced with this type of accident to help you through the process. Here are a few things you need to understand and be able to prove before you can expect to receive any compensation.
The owner, manager, or some employee must have known about a problem and not done anything to prevent an accident for there to be negligence. In other words, if the floor was wet and you fell, there is no negligence if there were "Wet Floor" signs placed around the area. If a customer breaks a jar of mayonnaise and no one was notified or given the opportunity to clean it, there is no negligence. Proving that someone was negligent or at fault is not always easy.
You Could Have Avoided the Accident
If you saw there was a problem and did not attempt to go around it or avoid it in some way, the fault is yours and you will not win the case. For example, if you can see that the area in front of the door is coated in ice, and you walk on it anyway, you could have avoided the accident by going around the spot or notifying someone of the problem.
Proof of the Accident
It can be embarrassing to slip and fall anywhere. If it happens to you, stay down for a few minutes and access the situation. If possible, take pictures of the area around you and the cause of your fall. It is best to stay down and wait for a store employee (preferably a manager) to come to your aid. Make sure the employee makes a report on the incident. You should also seek medical attention as soon as you leave the establishment. Getting up and leaving the place without any proof there was an accident will make it very difficult to win a case.
While you are on the way to see a doctor, contact a slip and fall attorney. The quicker you talk with a lawyer the better. He or she will be able to send someone to the scene of the accident, talk with the employees, and go over the written accident report. If there were witnesses listed on the report, they will be contacted as well. All of this will help determine if you have cause to file a claim and will ensure it is approved once filed.