Questions About Slip & Fall Accidents
Slip and Fall FAQs
I've had a slip-and-fall accident, what should I do first?
Slip-and-falls can be challenging cases to prove. Whenever you fall and
injure yourself you should be sure to do the following, after you obtain
whatever medical care you may need: (1) get the names, phone numbers,
and addresses of any witnesses to the fall; (2) determine what you slipped
on; (3) ask questions of witnesses, store employees or anyone else around
to determine how long the substance or dangerous condition upon which
you fell was there before you fell; (4) find out if anyone on behalf of
the store or owner of the property knew the substance or dangerous condition
was there before your fall; (4) report the incident to the store, including
your injuries; and (5) get pictures of the what caused you to fall, if
at all possible. Then call Simeone & Miller, LLP immediately - before
you contact the store again.
Who will be liable for my injuries if I fall and hurt myself?
The party liable for your slip and fall accident is determined on a case
by case basis. Depending on the incident, a homeowner, property owner,
management company, business, or cleaning and maintenance parties may
be held responsible for your injuries. In some cases, parties responsible
for specific duties of that property may be held liable. To determine
who will be held responsible for your injury, contact a slip and fall
accident attorney immediately.
What must I prove to win a slip-and-fall case?
Slip and fall accidents can be complicated. In order to establish a claim
and hold another party responsible for your injury, you must prove the
- The alleged responsible party knew about the hazard
- The alleged responsible party created the hazard
- The alleged responsible party should have discovered and fixed the hazard
Because these cases are complex, it is important to retain an experienced
slip and fall lawyer immediately after your accident. This will allow
the attorney to begin building your case as soon as possible.
The manager said that the store will take care of my medical bills, should
I trust them?
Regardless of what a store manager may say to you, it is important to seek
legal advice from a slip and fall accident attorney immediately. In many
cases, store managers will try to alleviate a costumer’s stress
by saying that the store will pay for their medical bills. However, once
the bill is submitted for payment, the actual decision is made by another
party, in most cases. Many stores and companies have insurance to cover
premises liability accidents. In those instances, it is the insurance
company that will ultimately decide whether to pay the victim’s
medical bills or not.
I fell, but I don't know why. Do I have a case?
Regardless of whether you know exactly what caused your slip and fall accident,
you may still have a legitimate case. In some instances, a person suffers
an injury due to premises defects that are not readily apparent. Some
of the most common types of unapparent defects are:
- Staircases without handrails
- Rise and run of staircases that do not meet applicable building codes
- Slippery flooring material
Our team has dealt with many cases where the injured person is unable to
determine the cause of the accident. To help, engineers and human factor
experts are called to answer any questions regarding the cause of the accident.
What is an "open and obvious" danger?
One of the defenses in slip-and-fall or trip-and-fall cases is that the
hazard was open and obvious and therefore could have been avoided by the
injured person. This can be a valid defense in these cases, but there
are many exceptions to this defense which may be available in your case.
Won't the accident be caught on the store's video cameras?
While many stores have video cameras, many times they play on a loop, meaning
they record over the tape unless it is taken out of the camera. So, if
the store is not made aware of the accident, the taping of the accident
may be recorded over.
This is one of the most important reasons to contact an attorney immediately,
so that we can take action. Preserving video evidence of a slip-and-fall
accident (or of the premises in which the accident took place) can be
a deciding factor in winning a case.