Slip-and-fall claims are traditionally challenging cases for the injured to prove. Even the most serious injuries resulting from slip-and-fall incident at a retail store or any other property do not guarantee results as the standard of proving liability on the part of the owner/operator of the premises is higher than in other negligence cases, such as auto accidents.
However, there are a few things that every victim of slip and fall injury can and should do in order to increase his/her chances of successful recovery for the injuries sustained:
1. Keep your shoes and other clothing that can be evidence of the incident and the injuries. One of my clients suffered severe injuries after slipping and falling on an oil spill. He contacted me weeks after the incident. Unfortunately, he through away his pants that had both, oil stains and a hole, that showed how hard he fell. Not having that evidence made proving his case more challenging and inevitably reduced the value of your case. If you are involved in a slip and fall injury, make sure that you keep your shoes and pants that you were during the incident without cleaning them or otherwise altering them. Your pants will prove your fall and will also have traces of any substance or defect that caused your fall. Your shoes can be evidence negating the argument that you feel because your shoes were too slippery.
2. Gather witness information. Juries and judges are traditionally skeptical of slip-and-fall injuries. This means that there is a particularly high burden on the victim to show his credibility. Being able to contact witness of the incident, if any, and getting their written or oral testimony is very important to proving the circumstances of the incident at or before trial. Make sure you obtain contact information and names of any witnesses that saw how you fell or helped you immediately after you were injured.
3. Make a Report with the Owner of the Premises. Whether you fall at a retail store, or a parking lot or anywhere else, make sure you report the incident to the staff at the premises, request that they make some kind of written notation of the incident and give you a copy of that writing along with the information of the persons who you can speak with about your claim later.
However, there are a few things that every victim of slip and fall injury can and should do in order to increase his/her chances of successful recovery for the injuries sustained:
1. Keep your shoes and other clothing that can be evidence of the incident and the injuries. One of my clients suffered severe injuries after slipping and falling on an oil spill. He contacted me weeks after the incident. Unfortunately, he through away his pants that had both, oil stains and a hole, that showed how hard he fell. Not having that evidence made proving his case more challenging and inevitably reduced the value of your case. If you are involved in a slip and fall injury, make sure that you keep your shoes and pants that you were during the incident without cleaning them or otherwise altering them. Your pants will prove your fall and will also have traces of any substance or defect that caused your fall. Your shoes can be evidence negating the argument that you feel because your shoes were too slippery.
2. Gather witness information. Juries and judges are traditionally skeptical of slip-and-fall injuries. This means that there is a particularly high burden on the victim to show his credibility. Being able to contact witness of the incident, if any, and getting their written or oral testimony is very important to proving the circumstances of the incident at or before trial. Make sure you obtain contact information and names of any witnesses that saw how you fell or helped you immediately after you were injured.
3. Make a Report with the Owner of the Premises. Whether you fall at a retail store, or a parking lot or anywhere else, make sure you report the incident to the staff at the premises, request that they make some kind of written notation of the incident and give you a copy of that writing along with the information of the persons who you can speak with about your claim later.
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