Injuries from slip and fall accidents can be painful and potentially long term. In order to receive the compensation you deserve for your injuries, it’s important to understand the requirements to reporting slip and fall accidents.
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 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.
What is The Difference Between Actual Notice & Constructive Notice?
The property owner’s notice may be actual or constructive. Learn the difference between the two types below:
Actual Notice
“Actual Notice” arises when an owner has first-hand factual knowledge of the slippery or unsafe condition. Various facts or proofs are available to establish actual notice, such as a wet floor sign or a barricade being put in place.
Constructive Notice
“Constructive Notice” occurs when an owner should have known of the unsafe condition had reasonable care been taken. Certain facts tend to establish constructive notice, such as a long, continued existence of a condition, depending on the nature and location of the slippery or hazardous condition.
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 change between the time of your accident and the time your claim is placed, there are certain steps after a slip and fall accident you should take to help document the unsafe condition.
What Steps Should You Take After a Slip Fall Accident?
Here are some important things to keep in mind if you are injured in a slip and fall accident, whether you’re inside or outside:
1. Photograph The Scene
Immediately after your accident, if injuries allow, take multiple photographs of the defective condition and the surrounding area. This can usually be promptly accomplished with your own cell phone camera.
2. Take Measurements If Possible
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.
3. Scour the Scene for Additional Evidence
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.
4. Report Your Fall to the Property Owner
It is critical to report your slip and fall or trip and fall accident to the property owner right away if possible. 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.
5. Seek Medical Treatment Right Away
Even if you don’t feel as if you’re seriously injured, you need to seek medical treatment for your injuries immediately following the accident for two reasons: your injuries could worsen over time OR the insurance company or defense attorney could use any delay or neglect to seek treatment against you by arguing that your injuries are not genuine or are unrelated to the accident.
6. Consult with a Personal Injury Attorney
Contact a personal injury attorney as soon as possible after your accident to discuss your options. Even if you are not sure if you want to bring a lawsuit, it is important to know your rights and any deadlines that may apply to bringing an action.
Injured in a Slip & Fall Accident? Contact Us Today!
The issue of notice is often a point of contention in cases arising out of injuries from slip and fall accidents. Our firm is well versed in this issue and has successfully handled these claims on many prior occasions. If you or a loved one has been injured in a slip and fall accident, please call the slip and fall attorneys at Maynard, O’Connor, Smith & Catalinotto for a free consultation. You can reach us via phone at (800) 721-3553, or contact us online to set up a free case review with a member of our legal team.
With offices located in Albany, Johnstown and Saugerties, we are a convenient choice for injured individuals throughout the Capital District as well as Hudson, Amsterdam, Ulster County and other areas of Upstate New York.
Additional Resources Related to Slip & Fall Accidents
Trip & Fall on Stairs: Is My Landlord Liable For My Stairway Fall? – Read more about a property owner’s obligations for maintaining stairs and the scenarios in which your landlord can be held responsible for your slip/fall injury.
Slip and Fall Injuries in the Workplace – Injure yourself in a slip and fall at work? Learn what workers compensation covers and how to file a claim.
Slip and Falls on Ice & Snow: Steps to Take Following a Snow-Related Injury – Find out the actions to take following a slip and fall accident on ice or snow.
Editor’s note: This content was originally published as two blogs in 2014 but has been combined & updated as of July 2019.
