INJURIES FROM A SLIP AND FALL

If you suffer an injury as a result of a slip and fall, the first thing you will want to do is immediately fill out an incident report, or written documentation, at the scene of the fall. This report will document the date, time and circumstances of the fall. Insist that the property owner, or their agent, complete this report. At the very minimum, this report should include the names and contact information of any and all witnesses to the fall.

If possible, a written statement from each of these witnesses as to what they saw will be extremely helpful. Additionally, getting the names of the property owner and/or their agents that were present at the time of the incident will be invaluable in proving that the owner had knowledge of the incident occurring.

If possible, take photographs of the fall location, your injuries and the defect that caused your fall while you are still at the accident scene. Those photographs will prove useful information in the event you decide to make a claim.

In the event you are injured, it is imperative that you seek medical attention immediately. Minor injuries have a way of becoming major issues if ignored. At the time of the accident, the excitement and adrenaline sometimes mask injuries for a period of time. It is in your best interest to see a doctor, or go to an emergency room, the same day as the fall to insure your injuries are not more severe that you may estimate, and to document those injuries to support any claim you may make in the future. Be certain to tell the examining doctor everything about the circumstances of the fall, as well as any pain and discomfort you experienced since the accident.

If your injuries persist, make sure that you obtain ongoing medical evaluations. While your health and welfare is the most important factor to consider when you experience an injury from a slip and fall, medical records are the objective evidence used to establish the value of your case and are critical in supporting a claim for compensation should you desire to bring an action forward.

CAN I MAKE A CLAIM AGAINST A STORE IF I SLIP AND FALL ON THEIR FLOOR?

The Louisiana Legislature enacted R.S. §2800.6. “Burden of proof in claims against merchants.” The statute holds that “A merchant owes a duty to persons who use his premises to exercise reasonable care to keep his aisles, passageways, and floors in a reasonably safe condition. This duty includes a reasonable effort to keep the premises free of any hazardous conditions which reasonably might give rise to damage.”

The statute allows for circumstantial evidence to show that the dangerous condition existed to establish constructive knowledge. Showing that the condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition, or the condition occurred with regularity and was therefore foreseeable would serve as such circumstantial knowledge. The primary factors in focus would be notice and time of response if any.

Whether or not a person can make a claim against a business establishment property owner for injuries sustained as the result of a slip and fall depends directly upon whether the property owner was negligent in maintaining a safe premise. The injured party has the burden of proving that there was a dangerous or hazardous condition existing on the premises, the property owner knew or should have known, with reasonable inspection, that the condition existed and did nothing to keep the public at large safe from that condition. The question that arises is the criteria which business establishments are judged by in determining if they have made reasonable efforts in keeping their premises safe.

The term “reasonable” often comes up in settlement negotiations and at other key stages of slip and fall cases. That’s because, in order to be held “negligent” and therefore liable for damages in a slip and fall case, a property owner (or the owner’s agent or employee) must have failed to act as a reasonably prudent person would have acted under circumstances similar to those leading up to the accident which instead produced a slip and fall injury.

While the environment that we walk in results in the majority reasons we slip and fall, not all accidents can be totally attributed to another’s conduct. Physical and mental limitations, such as poor vision or the inability to cognitively recognize an obvious danger have been known to cause accidents on a regular basis. Wearing poor, or no, footwear can inhibit your ability to maintain balance, increasing your chances to fall and injure yourself.