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Slip and fall accidents are a leading cause of accidental death in the United States. Ordinary settings can often become dangerous places. In the winter, sidewalks and stairs covered with snow and ice lead to thousands of serious injuries each year; food and foreign substances create dangers in restaurants and supermarkets; badly aligned walkways and sidewalks, and falls down stairs that are in poor condition, not properly lighted or without handrails lead to broken bones or worse. Trip and fall accident cases usually involves unique conditions and issues of responsibility that must be proven in order to settle your case.
The accident reconstruction may involve evaluation of the materials and surface conditions of these types of surfaces: Walkways Ramps, Stairways, Playgrounds, Grates, Roller Skating Rinks, Escalators, Sports Fields & Surfaces, Dance Floors, Showers, Bathtubs, Ladders, Footwear, Scaffolds, improperly secured Mats and Carpets.
Preserve Evidence
If you have been seriously injured in a slip and fall incident, it is critical to gather and preserve evidence from the accident.
Take photographs of the area where you fell, including the floor surface, if possible try and record the condition at the time of your fall. The photographs may show the presence or absence of any mats, rugs, or slip prevention materials such as sand at the location. Take photographs of any signs that might be in the area of the location of the accident.
After the accident you should take pictures of condition of your clothing and shoes as they appeared immediately following the accident. Stains and scrapes can help pinpoint how you fell and where you landed.
If you sustained external injuries such as bruises, cuts, scrapes or stitches, casts take photographs of them to preserve the state of the injury for the attorney. If your injuries are very severe your attorney will likely take steps to help take photos and gather evidence.
Record Statements of Witnesses
Make sure you or someone with you gets the name, address and telephone number of any potential witness.
Return to the accident scene, visit any nearby homes or business to see if there are any potential witness(es) to the accident or the dangerous conditions.
If you do get witness information, do not contact or speak to the witnesses again or attempt to get any written statements from them. Let the attorney contact them.
Save any Physical Evidence
Save the item that caused you to fall. If the item is perishable, such as a fruit or vegetable, try to preserve the item in a freezer. You may also preserve the shoes that you were wearing at the time you fell. Put them inside a plastic bag and tape it shut so that any materials stuck to the shoes will remain.
If you are able, you should not leave the scene of the accident without obtaining a copy of the accident report that the manager, owner, employee or other person has filled out while in your presence.
The Law
The owner of the property is often responsible for any injuries that happen as a result of a dangerous or hazardous condition on their property. However, in order for the owner to be legally responsible the danger must be one which the owner already knew about, or should have known about. This legal standard of fault can make slip and fall cases difficult to prove. An attorney skilled in developing theories of liabilty may be able to show that a property owner knew about or should have known about a dangerous condition.
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