What to Do Immediately After a Slip & Fall Accident
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Mary Martin
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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
UPDATED: Jul 18, 2023
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UPDATED: Jul 18, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
In the immediate aftermath of a slip and fall, injured parties are usually flustered, possibly injured, and likely frazzled. But maintaining composure in the immediate aftermath of a slip and fall can actually be helpful with regard to future litigation. An injured party’s observations of the immediate area, any help that was offered at the scene, or any statements made by someone in possession and/or control of the property, can mean the difference in the outcome of a slip and fall lawsuit.
Inspect the Immediate Area
Immediately after a slip and fall, inspect the area where the fall occurred. What caused you the fall? Did anyone see the fall? Was the floor dirty? Was there a crack in the concrete? Was there ice? All of this information is essential to creating a complete picture of the incident. Property conditions can often be altered after a slip and fall accident. An impression of the condition of the property as it was when the slip and fall occurred is a key piece of information when negotiating a settlement or arguing a case in front of a jury. If at all possible, pictures should be taken immediately; in the age of smart phones, obtaining instant pictures and video is both common and a good idea.
Obtain Witness Contact Information
Once the locale of the fall has been recorded (mentally or otherwise), the next priority should be to obtain contact information from any and all witnesses. While people tend to avoid getting to involved in accidents, it’s an important step to at least try to get witness information, particularly in the case of a slip and fall in a public location such as a store. Store owners and/or managers will undoubtedly collect the same information, so a slip and fall victim will be at a disadvantage if they do not. Write down the names, addresses and phone numbers of anyone in the vicinity where the incident occurred – both those who saw the fall, and others who were there after the incident. Even if a fall was unseen, witnesses could, if necessary, describe the pain the victim felt after the fall and the conditions of the floor, lighting, etc. immediately after the fall.
Make a Record of the Incident
If the incident occurred in a store or place of business, speak with the manager or supervisor on duty. Have them make a record of the incident and be sure to obtain a copy of this record. If anyone (especially an employee, supervisor or manager) makes a comment suggesting that this has occurred before, or that they were aware of a condition causing the fall before the fall, make a mental note. Try to get the name of the person who made any such comment. As soon as possible, write down the name and what exactly the person said, and who else may have heard him or her make the statement.
Contact a Legal Representative
Slip and fall accidents are unfortunate regardless of how or where they occur, and very often they are the cause of serious injuries. In any slip and fall situation, tend to any immediate injuries and then obtain as much information as possible. If and when a lawyer becomes involved, that information could make or break a case. Contact a local slip and fall attorney for more information on what to do in the case of a slip and fall accident.
For Additional Reading See Articles on:
- What to Know About Slip and Fall Accidents
- Slip and Fall Accident Lawsuits
- Proving a Property Owner is Responsible for Slip and Fall Damages
Case Studies: What to Do Immediately After a Slip & Fall Accident
Case Study 1: A Slip on a Wet Floor
Mrs. Smith, a 68-year-old retiree, was shopping at SuperMart when she suddenly slipped and fell on a wet floor near the store entrance. Despite the shock and pain, Mrs. Smith managed to observe the floor’s wet condition and surrounding area. She also noticed a store employee nearby who had witnessed the incident.
Immediately after the fall, Mrs. Smith asked the store employee for their name and contact information to act as a witness. She then requested the store manager to make a record of the incident, which included the employee’s statement about the floor being wet earlier that day.
Case Study 2: Trip on a Cracked Sidewalk
Mr. Johnson, a 35-year-old software engineer, was taking his daily stroll through City Park when he tripped and fell due to a cracked sidewalk. Despite the fall and minor injuries, Mr. Johnson maintained composure and took out his phone to document the damaged sidewalk with photos and videos.
After composing himself, he approached a fellow park-goer who had witnessed the fall and asked for their contact information. Mr. Johnson also inquired if they had noticed the crack in the sidewalk before the incident. The witness confirmed they had seen the damaged area earlier that day.
Case Study 3: A Slip on Icy Steps
Ms. Lee, a 25-year-old student, experienced a slip and fall on icy steps outside her apartment complex. Despite the initial shock, she managed to take a photo of the icy steps using her smartphone. Ms. Lee also noticed some neighbors nearby who saw her fall.
After seeking medical attention for her injuries, Ms. Lee asked her neighbors for their names and contact details, explaining the situation and their willingness to act as witnesses. Additionally, she reported the incident to the apartment complex management, and they recorded her statement along with the photo of the icy steps.
Case Study 4: Tripped Over Uneven Flooring
Mr. Garcia, a 45-year-old teacher, had a slip and fall accident at a local café when he tripped over uneven flooring near the counter. Despite the embarrassment, Mr. Garcia managed to remember the café’s employees and customers who witnessed the incident.
Immediately after the fall, he requested the café’s manager to record the details of the accident and the names of the employees and customers present at that time. Mr. Garcia also made a mental note of a staff member who mentioned that the uneven flooring had been reported but not repaired.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.