What you do in the hours and days after a slip and fall accident can make or break your premises liability claim. Property owners and their insurers respond quickly to preserve evidence that favors them. Taking the right steps early protects your right to compensation.
Even if your injuries seem minor, see a doctor as soon as possible. Some serious injuries, including soft tissue damage, spinal injuries, and traumatic brain injuries, do not produce severe symptoms immediately. A prompt medical evaluation creates a documented record connecting your injuries to the fall, which is essential if you file a claim.
Notify the property owner, manager, or business on duty immediately. Request that they complete an incident report and ask for a copy. This creates an official record that the fall occurred. Do not apologize or speculate about fault when making the report.
Photograph the exact location of the fall, including the hazard that caused it (wet floor, broken step, uneven pavement, inadequate lighting, missing handrail, etc.). Take photos of your injuries. If there were witnesses, get their names and contact information before leaving the scene.
Do not wash or discard the clothing and shoes you were wearing. These can be important evidence if a property owner later claims your footwear was inappropriate for the conditions.
The property owner's insurance company may contact you quickly and request a recorded statement. Politely decline until you have spoken with an attorney. Recorded statements are used to find inconsistencies that reduce or eliminate your claim.
Insurance adjusters and defense attorneys monitor social media. Any posts suggesting you are active, in good spirits, or not seriously injured can be used to challenge your claim. Avoid posting about the accident or your activities during your recovery.
Premises liability claims require proving that the property owner knew or should have known about the dangerous condition and failed to fix it. This investigation must begin quickly before evidence disappears. BAM Injury Law represents slip and fall victims in Utah and Idaho on a contingency fee basis. Call (801) 839-5652 for a free consultation with attorney Kigan Martineau.
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Injured in a slip and fall accident in Utah? BAM Injury Law handles premises liability cases statewide. No fee unless we win.
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