Slip and fall is a form of premises liability, which applies to land owners or occupiers of land who are required to maintain their properties in a reasonably safe condition. This duty is imposed on persons who have control and possession of the premises. It is a general negligence law that is applicable.
There are many inquiries that a plaintiff needs to make relating to the issue of liability such as:
· How long has the dangerous condition been there?
· Does the owner of the property have a procedure in place to monitor or to inspect the premises to discover any dangerous condition?
· How often does the owner (or its staff) make inspection of the facility to discover dangerous condition?
· What has caused the dangerous condition to exist?
· Who has caused the danger to exist?
· Does the owner or its staff know of the dangerous condition?
· If the danger is known, what action is taken to warn of such danger?
In the event that a slip and fall occurs, the injured party should remember the following (if possible):
· Notify the management of the premises;
· Take pictures of the dangerous condition;
· Obtain the contact information of all witnesses who saw what happened;
· Contact the police to acquire an incident report (if practicable);
· Avoid contact with the store’s insurance carrier (you are under no duty to furnish a recorded statement to the property owner’s insurance entity);
· Seek legal counsel as soon as you can to protect and preserve your legal rights;
· Document all injuries (including taking photos of the injuries) and compose notes of the experiences of the injuries sustained;
· Retain all documentation (receipts, medical bills, files, etc.) in support of a claim against the property owner.
If you forget any of the recommended procedures, just remember one thing—contact a qualified and competent counsel for a free consultation immediately to preserve and to protect your legal rights. Keep in mind that further harm may occur if you do not have a legal representative on your side fighting on your behalf.