CALL OR TEXT CASTRO & CO AT 949-482-1000 AT THE SCENE OF AN ACCIDENT OR INJURY
The most difficult thing about slip and fall cases/trip and fall cases is proving liability. People wrongly assume that just because they fell, the business or public entity is automatically at fault. That is incorrect. The correct legal standard is: (1) There must have been a dangerous or unsafe condition (2) the business or entity must have failed to warn you about it/fix it and (3) the business or government entity knew about it and had notice.
- Photographs/Videos: If you slip and fall in a business, the first thing you should do is take photographs of the unsafe condition. What caused your fall? Take as many photos as you can from as many angles as you can. Try to prove liability with photographs alone
- Witnesses: Make sure to take the full name and telephone number for any witness that saw your fall or saw the unsafe condition. This includes the names of any employees who saw or helped after the incident.
- Incident Report: Make sure you file an injury incident report with management at the business where you fell. Do not give your social security information. If they refuse to take a report, take down the name of the manager refusing and also get an email address where you can send a log of what happened. Be sure to note the address of where you fell and the exact location (aisle number, produce section, etc.).
- Get Insurance Information: The business will likely not give you their insurance information. Ask for it anyway, at least the name. Your attorney can look up the rest. Sometimes they will put you in touch with their insurance company. Be sure to consult with an attorney before speaking with any insurance adjuster.
- Emergency Care: If paramedics and ambulance do not arrive on the scene, we recommend going immediately to the emergency room. If your injuries are not as severe, you should still go to urgent care to document your injuries. The best way to strengthen your case, is to go to an emergency room or urgent care the day of or the day after a fall/injury.
- Government Entity Cases: These are a bit more difficult. These involve things like tree roots sticking out of the ground, uneven roadways, dangerous roadways, etc. In these situations, if 911 or local authorities do not come out to take a report, be sure to have paramedics arrive on the scene and follow the steps above regarding witnesses and photographs/videos. If your injuries do not require emergency transport, it’s possible that your injuries are not worth pursuing a case against the government. Either way, be sure to consult with an attorney as soon as possible after your injury.
Call an attorney: CALL OR TEXT CASTRO & CO AT 949-482-1000 AT THE SCENE OF AN ACCIDENT OR INJURY