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SE HABLA ESPANOL
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NOU PALE KREYOL

Slip & Fall


What benefits am I entitled to if I slipped/tripped and fell on the property of another?

If you slipped or tripped and fell on the property of another, you may be entitled to medical benefits, lost wages and/or compensation for pain and suffering.

 

What should I do if I slipped/tripped and fell on the property of another?

  1. It is important that you report the incident to the manager or owner of the property immediately so that they can conduct an investigation in a timely manner.  Be sure to request a copy of their report upon completion or notify your attorney so that your attorney can request a copy of such.  Also, be sure to note who you spoke with, including their address and phone number.

  2. Request insurance information from the manager or owner of the property.

  3. Do NOT give a recorded or written statement to anyone.

  4. Be sure to obtain medical treatment as soon as possible after the incident and report ALL injuries that you sustained, no matter how minor.

  5. Be sure to document the address where the incident took place, as well as the information for the owner of the property.

  6. Be sure to document what you slipped on and make note of the surroundings and where the substance causing the hazard may have come from.  Also, make note of anything around the area that may show how long the substance had been on the ground or area.  For instance, note if there is any discoloration of the substance (i.e. a brown banana peel), if there are footprints around the area, if the substance has spread to other areas, etc.  Also, make note of how large an area the substance covers.

  7. Take note of whether or not there were any signs warning of the hazardous condition (i.e. any “Wet Floor” signs, etc.).

  8. Document what type of shoes you were wearing and keep the shoes as possible evidence in your case.  It is best that you do not continue wearing the shoes.  However, if you must do so, be sure to take pictures of the condition of the shoes at the time of the incident.

  9. If you know of any prior instances of hazards on the property, please let your attorney know.

  10. Take pictures of the property where the incident took place, if possible, and write the date the pictures were taken on the back of each picture, as well as the name of who took the picture.  Even if the incident happened inside the property, be sure to take pictures of the outside of the property, and specifically of any posted signs regarding notice of any hazards at the property or any “No Trespassing” signs, etc.  If there are no such signs, please be sure to inform your attorney.

  11. Please also take pictures of any and all injuries as soon as possible after the incident, so that the injuries that you sustained can be documented.  Again, be sure to write the date the pictures were taken and the name of who took them on the back of each picture.

 

Who will cover my damages?

Typically, we look to the liability or medical payments policy for the property where the incident occurred.  However, if you have any health insurance, Medicaid, Medicare, etc, you should be sure to provide such to your medical providers.

 

If the property where the incident occurred was being rented, can the landlord be held responsible?

In some instances, the landlord(s) or owner(s) of the property may be held liable, depending on the circumstances.  Your attorney would need additional information to make that determination.