Note: The materials provided in this section are for general informational purposes only and not for the purpose of providing legal advice. You should contact your personal injury attorney to obtain advice with respect to any slip and fall injury issue or other legal problem.
An experienced attorney can help with your personal injury case: If you have been injured in a slip and fall accident on another person’s property, it is worth speaking to an experienced attorney about a potential personal injury claim. Depending on the seriousness and circumstances of your injuries, your attorney may advise you to make a claim through the property owner’s insurance company first. If you’re unable to resolve the issue through the insurance company, your next step could be filing a personal injury lawsuit against the property owner. Litigation can be stressful, time-consuming, and expensive, so it is best to discuss all of your options before deciding to file a lawsuit.
Once you have hired a lawyer, there are a number of ways that an experienced personal injury attorney can help with your case. An attorney can establish contact with the other parties involved. They help you build a strong case and negotiate with the other parties. A personal injury lawyer can advise you on whether you should accept a settlement or take the case to trial. They can help draft your settlement paperwork or help ensure that you collect your monetary judgment after a trial is over.
Evidence you should keep for your slip and fall case: A property owner has a legal duty to maintain reasonably safe conditions for their tenants, customers, staff, and other guests. If the property owner knows about an unsafe condition and either fails to fix it or warn others, then anyone hurt at that location may sue for their slip and fall injuries. Gathering personal materials or evidence from the scene can help prove the property owner’s fault and build a strong personal injury case.
The evidence in a slip and fall case will vary depending on the circumstances, but some personal items you should always try to collect and preserve includes the clothing you were wearing at the time of the accident. Say, for example, you are claiming that the floor was unreasonably slippery at the time, and that’s what led to your accident. If you can show that you were wearing sturdy footwear at the time, this can help the strength of your case. If possible, you might also want to collect any debris from the floor – or, at the very least, take photos or video of the condition of the floor at the time. Other evidence that may help your personal injury case include photos of any injuries, medical records, statements from witnesses, surveillance footage, and the police accident report.
Personal Injury Law vs. Workers’ Compensation: If you were injured in a slip and fall accident at your workplace, your claim might fall under workers’ compensation rather than personal injury law. Workers’ compensation covers injuries or illnesses that happen while a person is performing their job, or as a direct result of their employment relationship. The benefits pay for things like medical bills, lost wages, and other out-of-pocket expenses.
Unlike with personal injury law, an injured employee does not have to prove that their employer acted negligently or was at fault. For example, let’s say a warehouse employee is carrying a package across the building when they slip on a spilled substance. Because the accident happened while they were performing their job, their injuries could be covered by workers’ compensation benefits. Let’s say that same employee is taking a break and slips on some spilled coffee in the employee lounge. Because the worker was off the clock at the time, their injuries may not be covered by workers’ compensation. This instead might fall under a personal injury claim. While many work-related injuries are handled by workers’ compensation, these laws are state-based. You should still consult with an attorney about your best legal options.