Slip or Trip and Fall Injuries - Things to Do and a Few Not to Do

By John Mordecai, P.A.

Slippery surfaces, wet surfaces, foreign liquids and debris, inconspicuous bumps, humps and   If you were injured because of a fall, you may have a premises liability claim if it can be shown that the fall was caused by a hazard the property owner knew about but failed to correct. It may not be possible to accomplish all of these suggestions but accomplishing any of them will be helpful to your case: elevation changes, broken or loose tile, raised or tattered carpeting, broken or unsturdy stair banisters, poor lighting and exposed holes all cause trip or slip and fall injuries.

The Cause - Identify the substance or condition that caused the fall. Those could include liquids, foreign objects and debris; some examples are: detergent, water, cooking oil, dried beans, sand, freshly mopped floors or unshelved store merchandise on the floor.

Photographs – Type A. Take photos of the cause of the fall as well as the surrounding area. We will need to identify and document the substance or defect as well as any evidence that may show how long the hazard was present before the fall.

Photographs – Type B. Take photos of your body, clothes and shoes while you are still on the scene. Photos of you or your clothes that are still wet or have debris on them are good evidence to document that a fall occurred.  It will also help identify the cause of the fall as well as the size of the hazard created by the puddle or dirty area.

Video - If a friend or family member is present, ask them to record conversations on the scene as well as the scene itself. You can do this too. Statements made by employees and witnesses are some of the most valuable evidence to show the negligence or fault of the property owner in failing to keep the premises safe.

Witnesses - Type A. Try to obtain the names, telephone numbers and addresses of all witnesses to the fall or of anyone who heard the owner or any employee make any comment about the premises or what caused the fall. The owner will almost always refuse to provide the incident report.

Witnesses - Type B. Try to obtain the names, telephone numbers and addresses of any employees or managers who become involved with the incident and pay close attention to what they say to others and you. Sometimes, they will admit that they were aware of the hazard beforehand.

Evidence - Look for evidence that others walked through the substance such as footprints or cart tracks; if present, make sure to take photographs. Such evidence indicates that the hazard was there for a sufficient time for the owner to have known of the condition.

Report the incident -  Ask that an Incident Report be prepared. Property owners will often deny that an injury occurred after the fact even if they had interacted with you after the fall. Sometimes the pain caused by an injury doesn’t appear until the next day – after witnesses can’t be identified. So, if you didn’t initially have pain and didn’t report the fall, there will be no evidence that the incident actually occurred.

Evidence Preservation - Don’t wash the clothes or clean the substance from the shoes you were wearing at the time of the fall. Also, do not wear the shoes afterwards. Instead, keep everything safe in a plastic bag until you provide them to your lawyer. Preserve the evidence!

Medical Care - If you are in severe pain after a fall, do not refuse medical treatment. Whether the pain from your injuries occurs immediately or the next day, it is important to promptly seek medical care to document first, that you were in fact injured and, second, that the injuries are the result of the fall.

Final Important Thoughts:

Adjusters and Recorded Statements -  More than likely, you will be called by an adjuster or another representative of the store or property owner to “see how you are feeling” or “to get a better understanding of what happened”. Please do not discuss the incident with any one until after you have spoken to your attorney. There is nothing you can say to an adjuster that will benefit your case at that time.

Do not, under any circumstance, provide a recorded statement to anyone. Any communication from you concerning how the incident happened or the nature of your injuries could be taken out of context and later be used by the negligent owner to undermine your claim for injuries. That’s why, once you retain us, we will handle all communications with the property owner’s representatives to protect your rights. We will take that worry off your shoulders.

Never provide any type of statement before consulting a lawyer; I will be present with you if ever it becomes necessary for you provide a statement.

John Mordecai is a Jacksonville, Florida personal injury attorney who has successfully handled cases for thousands of people from all over Florida with recovery amounts for individual clients of over $5,000,000.00.  To learn more, go to http://mordecailaw.com or call 904-355-3109