|
|
Fall Downs: Fall
Down Injuries (Slip and Fall)
A government study has shown that slip and fall incidents cause 15% of all
accidental deaths, and are second only to motor vehicle accidents as a cause of
accidental fatalities. A “slip and fall” or “trip and fall” are the generic
terms for an injury, which occurs when someone slips, or trips and falls as a
result of a dangerous or hazardous condition on someone else’s property. This
can occur on commercial, residential or government property. It includes falls
as a result of water, ice or snow, as well as abrupt changes in flooring, poor
lighting, or a hidden hazard, such as a gap or a hard to see hole in the ground
or an uneven floor or sidewalk.
If you injure yourself as a result of a dangerous condition on someone else’s
property, the landowner or business proprietor may be liable for your injuries.
If you yourself are a property owner and someone injures himself or herself on
your land, you may find yourself legally responsible for his or her
injuries.
Falls are the second largest cause of unintentional injuries. More people die
in their homes from falls than poisonings, fires, and chokings. Falls from
steps, stairs, from one level to another or out of buildings are the most
common. You need to pay attention to where you are going to prevent a serious
fall. In order to avoid falls in your homes and offices, try and wipe all spills
immediately, use non-skid pads under rugs, keep steps and stairs free of
objects, in good condition and well let.
From a legal standpoint, slip/ trip and falls are significantly different
from traffic accidents in an important manner: the conditions that caused a fall
can be much more easily and quickly “cleaned up” or “lost” than the physical
evidence from a traffic accident can be. If you have been injured in a slip/
trip and fall incident, it is critical to gather and preserve evidence from the
scene of the accident including:
-
Photographs:
- Take pictures of the location where you fell, especially the floor surface,
as soon as possible to capture the condition at the time of your fall.
- If possible, take photographs of the condition of your clothing and shoes
immediately following the incident.
- Take photographs of any mats, rugs, or slip prevention fabrics at the
location, if the location of the accident has any of the above. If the location
fails to have any of these fabrics or any other type, take photographs
illustrating the potential lack of the safety items.
- Take photographs of any warning signs that might be in the area of the
location of the accident.
- If you sustained a visible injury: i.e., bruise, cut, scrape or stitches,
take photograph(s) of the injury to preserve the state of the injury at the time
of the injury itself.
- Feel free to take as many photographs of what you think may, no matter how
trivial, be important to the accident. Your attorney will decide what is and
what is not important.
Witness(es):
- Take the name, address, and telephone number of any potential witness and
save this information someplace where it will not be lost.
- If you have obtained witness information, do not contact or speak to the
witness(es) again or attempt to get any written statements from them. Let your
attorney contact and possible witness(es).
Physical Evidence:
- Most importantly, save the shoes that you were wearing at the time you
slipped and fell. Place them inside a plastic bag and tape it shut so that any
materials stuck to the shoes will remain.
- Store all of the articles of clothing that you were wearing at the time of
the accident in a plastic bag in a safe place where they will not be lost. Do
not wash them.
- If possible, do not leave the scene of the accident without obtaining a copy
of the accident report that the manager, owner, employee, or other person has
filled out while in your presence.
The Neil Kalra law offices in Forest Hills
Queens concentrate in personal injury cases. Our practice areas include car and
motor vehicle accidents, medical malpractice, nursing home negligence, abuse and
injuries, lead paint poisoning, slip and fall accidents, medical malpractice, construction accidents, HMO liability and other
areas.
Contact the Law Offices of
Personal Injury Attorney Neil Kalra
(in Forest Hills, Queens, New York) immediately if you feel you have been
hurt by the fault of another and require a lawyer. Call (718) 897-2211. Remember, if you don’t know your rights, then you have no
rights.
|
