Have you been injured in a slip and fall or a trip and fall that wasn’t your fault? It is important to know what to do after a slip and fall accident or a trip and fall accident and what duties state and federal law place on stores, malls, restaurants, and other places where most slip and fall accidents occur.
If you have been the victim of a slip or fall on the premises of a business, the first thing you should do is report the accident to the property manager, store manager, or any other employee of the business. It is very important to make sure that someone who works at the location where you fell is aware of the situation. Then, take photos of where you fell and what caused you to fall. Make sure to get as many angles as possible. Try to obtain a copy of the accident report from the business. Remember, the company is likely going to argue that your accident wasn’t as a result of their negligence, so make sure you get as much evidence as you can. If you run into someone who doesn’t want to give you this information, speak to a qualified attorney and he or she will use legal methodologies to ensure that no vital information is withheld.
What duties does a landowner or a business owner owe to a guest on its property?
Generally, the law requires a landowner or business owner to maintain their premises in a reasonably safe condition. The definition of what is in a reasonably safe condition will vary case to case. For example, in the case of Ramsey v. Home Depot USA, Inc. (Fla. 1st DCA 2013), the plaintiff was injured as she was exiting Home Depot when she tripped and fell on a wheel stop in front of the parking space where her car was parked. The plaintiff in that case had the burden of showing that Home Depot failed to maintain their premises in a reasonably safe condition. The plaintiff alleged that the parking space she used in Home Depot’s parking lot was not in a reasonably safe condition because the wheel stop was higher than it needed to be and that Home Depot could have used safer designs without the use of wheel stops. Proving that the parking lot was not in a reasonably safe condition often involves the use of experts and witnesses who can testify as to what the state of a particular premises should be.
If you are involved in a slip and fall accident or a trip and fall accident, it is of vital importance that you contact a qualified personal injury attorney, such as Attorneys Jo Ann Hoffman & Vance B. Moore, P.A., so that important steps can be taken as soon as possible so as to protect your rights to claim against the landowner/business owner.