Injuries which occur on the property owned by another person are referred to as premises liability cases. Most often the injury takes the form of a hazard which the person does not see causing him to lose his balance and fall. These injuries are often referred to as slip and falls, however, technically this is only one type of premises liability case.
Initial Considerations
Not all premises liability injuries require the help of a lawyer. Minor scrapes, bruises, sprains and strains can often be handled directly and effectively between the individual and the owner of the premises.
Document the Accident: If you are able, report the incident to a person in authority immediately. Insurance companies will compensate a claimant more willingly when there is clear proof the injury occurred on the insureds property, and documentation of that injury is crucial. By the same token, the more information the claimant obtains about the owner of the premises or his/her employees, the greater his protection from inadequate notification of the injury to the owner or insurance company. It is advisable to contact a lawyer as soon as possible following the incident, so that you may seek advise regarding the specific facts of your case.
If you decide to fill out an incident report, describe fully and in detail the circumstances of the fall. Ask the person taking the report for information about himself including his full name. Ideally, you should request and receive a copy of the report at the time it is made. The report should include the report takers name.
If there are witnesses, ask for their names and addresses. Advise the report taker of the witnesses and include them in the report.
Obtain Necessary Medical Care: Get appropriate medical attention as soon as it is practical. Documentation of the nature of the injury by a medical professional is essential. Usually, insurance companies want independent verification of an injury by an appropriate health care provider. If your injury makes it too painful to walk or drive an automobile, then request an ambulance. The ambulance report may also provide important documentation of the nature and severity of the injury.
Future Considerations
If you have been injured document all of your losses. These losses can include your medical bills, reasonable transportation costs related to the injuries, future medical treatment, lost wages, future loss of earnings, the effect on your family, and the effect on your life. If you have experienced a serious injury, it may be necessary to retain the services of several experts to prove these damages. This will require the representation of an experienced attorney. If you have been injured, then please feel free to contact our office for a free consultation.