As mentioned in prior posts on this blog, the central issue in “Slip and Fall” or “Trip and Fall” accidents is often the question of notice. A property owner can be held liable only if they had actual or “constructive” notice of the dangerous condition. While constructive notice can be tricky to prove, there are some steps that you can take promptly after your accident to improve your chances at prevailing on this issue.
In many cases, constructive notice can be inferred, based upon the size and dimensions of the condition. For example, case law has held that where a patch of ice is very large or thick, the inference can be drawn that it existed for a long time. The same may hold true with large potholes, chipped and broken slabs of pavement, etc. Because the condition may obviously change between the time of your accident and the time your claim is placed, we recommend that you immediately take multiple photographs of the defective condition and the surrounding area. That can usually be promptly accomplished with your own cell phone camera. Because photographs alone often do not completely capture the extent of the condition, it could also be extremely helpful to take measurements of the condition, and photograph those measurements as well.
It is critical to report your slip and fall or trip and fall accident to the property owner right away. If your fall occurs in a store or public building, promptly ask to see a manager and request an accident report. This will help prevent the property owner from arguing later that your accident did not occur at that time and location. Be sure to keep a copy of that report for your own records.
Any other information that you can collect, such as names and addresses of witnesses and reports of weather conditions, can be helpful to your claim.
The personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto routinely handle these issues, and can assist you in obtaining the proper evidence you need to prevail on your claim. If you or a loved one have been injured in a slip and fall, or trip and fall, accident, please call us at 800-721-3553 for assistance.