Slip & Fall
Falls are embarrassing. Falls hurt. Falls often cause significant injury. This may seem ridiculous, but in the world of law, slip and fall cases are not as cut and dry as other personal injury matters.
Why are they different?
Just because you fall does not necessarily mean a business or a residence is responsible for your injuries. The person falling must show that business or residence did not use reasonable care to perform inspections to discover, remedy, and/or warn of dangerous conditions.
The evidence required to show the store was at fault often and simply may disappear. Often, people unfamiliar or under the shock of a slip and fall unknowingly say or do something that hurts their claim.
Let’s take the following example, since a grocery store is only required to make reasonable inspections of their aisles, a person telling the manager after the fall that the laundry detergent she fell on “must have just spilled a few seconds” will help the store defend against a claim. The store will say “we could not have inspected, remedied and/or warned of the spilled detergent because it just happened according to victim.” The reality is that the victim does not really know, and maybe the store inspection logs show that inspections have not been done in hours.
What about the surveillance cameras? Do not expect the store video surveillance to save you. It is almost always the case that the footage is “lost” “damaged” or “cameras were not recording” or they footage is simply deleted.
What do you do?
1. Do not offer additional information about how the item, water, etc. found itself on the floor or how long it had been there.
2. Simply state to the management what happened. Take photos of the substance or condition that caused your fall.
3. Fill out and get copies of the incident report. Look for and identify any cameras that may have recorded your fall.
4. Get witness names and contact information. (This includes the names of all employees, managers, and customers in the vicinity.)
5. Obtain any necessary medical treatment.
What if I fell and did not do all that?
You may be reading this after you fell, and think I did not do all that, what can I do?
Most people do not follow those steps verbatim because it may be their first fall, they are trying to be helpful, or they are in shock or in pain.
If you fell and feel it was not your fault, you should call an injury lawyer and assess your options. Do not speak with the store representative or insurance company any more as they may try and get you to volunteer more information that may harm your case; they may try and low ball you before you know all your injuries; or they may push you into thinking you have no options.
In these cases involving slip and falls and trip and falls, it is wise to consult with an injury lawyer, so you get informed as to what your rights are.
Slip and fall cases are unique personal injury cases that require unique lawyers. We have successfully handled and resolved numerous slip and fall cases in the Los Angeles and San Diego areas of California.
From the beginning, the Quirk Law Group will give you candid and practical answers. Unlike others, Quirk is different. We treat you like a person, and you get personalized attention and real answers.
Thank you for visiting our “Quirky” site. We look forward to hearing from you.