Slip and fall accidents can cause temporary or permanent personal injury or sometimes even result in death. If you have been involved in a slip and fall accident while in a store, you could be eligible for compensation.
What to Do After a Slip & Fall Accident
The two most important pieces of action to take after any accident are to seek medical attention and to document the incident as thoroughly as possible.
- If you have been injured in the slip and fall accident, seek medical attention immediately. Even if you do not appear to be injured, it is still encouraged that you see a medical professional. Sometimes, after the adrenaline evoked by the situation wears off, injuries can become more apparent.
- If you do not require immediate medical attention for your injury, document the incident as much as you can. Take photographs of the surrounding area and the situation that caused the accident. If there were any witnesses, ask if you can take a photo of them and their identification, should you need them to give a statement later.
- If your slip and fall accident has happened inside of a store, report the incident to a store employee and ensure it is documented correctly. Take a photo of the manager if possible but do not provide the store manager with anything but the necessary details of the accident.
- Call Rob Levine & Associates. One of our experienced personal injury attorneys can help make heads or tails of your case and ensure that you receive the compensation you deserve.
Slip & Fall Claims Process
Each slip and fall claim is a four-step process to determine who was at fault and what damages it has caused to the inflicted party.
Duty: Property owners and store managers have a responsibility to ensure a safe environment for anyone who visits the property. This includes keeping walkways free and clear, preventing wet and slippery surfaces, and much more. This responsibility is known as “duty.”
Breach: The next step in the process is to prove that the property owner or store manager was negligent. There must be proof that they knew about the safety hazard and failed to rectify the situation within a reasonable amount of time.
Damages: After proving that the store was at fault, damages are considered to determine how much compensation you should receive because of the accident.
Causation: The final step is proving that the negligence the store showed was the direct cause of your accident.
Who is Held Liable?
If you slip and fall in a store, depending on the situation, two different people may be held liable: the property owner or the store owner. Many store owners lease or rent the building from the property owner. So, determining who is at fault depends on what caused the accident. If the cause of the accident was due to a fault in the building’s structure, the property owner would be held liable. On the other hand, if the overall structure of the building was sound and the accident was caused by something the store owner did (or did not do), then the store owner would be held liable.
For example, if it had been raining all morning and there were no caution signs posted to warn customers about potentially slippery floors or attempts made to dry the floor, the store owner would be considered at fault for not taking the appropriate precautions based on factors that have nothing to do with the building’s structure. However, there could be a fault in the building structure that causes a hazardous condition. For example, if a leak in the roof causes a puddle to accumulate and the property owner does nothing to rectify the situation after being notified of the leak, the property owner would be held responsible for the accident.
If you or someone you know has been involved in a slip and fall accident because of a property owner’s negligence, contact Rob Levine & Associates today. We can help prove your case and get you the justice you deserve!