Slip and fall accidents can happen anywhere. Often restaurants use a coating on floors that cause the floor to become slippery. There are also sidewalks with defects, spills that are not cleaned up in a timely manner, and defects with flooring. Slip and fall accidents can be more challenging than other accidents simply because of the law governing them.
In Florida, a person seeking to make a claim against a business for a slip and fall must prove that the business owner knew or should have known of the dangerous condition and failed to correct it. This is a significant burden. It is very difficult, if not impossible, to make a claim against a business if you cannot identify the cause of your fall.
Because of the challenge presented with slip and falls, we have a few recommendations on what you should do after a slip and fall.
Our recommendations are as follows:
- Identify what caused your fall. It is very helpful if you can take pictures or use video to document the scene.
- Preserve your shoes. Shoes become one of the most requested items in slip and fall cases. The defense will attempt to blame your footwear as the cause of your fall. There are consequences which favor the defendant if the shoes are not preserved.
- Talk to the witnesses and get their names and contact information.
- Get a copy of the incident report. Most businesses will complete an incident report and ask you to sign it. Make sure you ask for a copy of the report. The defense usually claims this is a privileged document in litigation and we often cannot obtain a copy of it.
- Take note of whether there is a video in the area. Most stores record over their videotape every 30, 60, or 90 days. If a request to preserve the video is not made during this time period, the footage could be destroyed. There is no consequence to the business if the video is not requested within this timeframe. It is always best to hire an attorney before the 30 day period expires.
If you have further questions or need help with your slip and fall accident, contact Dena Foman or Bill Abel today at 561-659-4020.