Slip and fall accidents are common.
Sometimes we’re just a little careless and we trip over our own feet. But often, a hazard exists.
If that hazard wasn’t on your own property then it’s the responsibility of the property owner. If that property owner handled the hazard in a negligent way then you are entitled to compensation for your injuries.
Those injuries can be extensive. Spinal injuries, head injuries, and broken bones are all quite common in slip and fall accidents. Older adults often fail to recover fully from these sorts of accidents. Chronic pain can be a common lifelong consequence even for healthy younger adults.
Understanding Duty of Care
Property owners have a “duty of care” to their visitors, employees, customers, and vendors. This means they’re responsible for property upkeep and for warning of hazards.
If they fail to address hazards in a timely fashion or if they fail to post warning signs in a timely fashion then they can be held accountable. Of course, the defendant will work hard to try to prove they did not have sufficient time to learn about the accident or address it.
They’ll also be trying to prove that you were at least a little at fault for your accident, and that you failed to mitigate your own damages. If they can do this successfully they can reduce the amount of money that their insurance company will have to pay.
Their insurance contract usually requires them to fight you as hard as possible. In addition, they don’t want to be held liable for funds above and beyond what their insurance policy limits will cover. You can expect them to play hardball.
Strengthening Your Case
What you do immediately after your slip and fall can make a huge impact on how your case plays out.
- Get the names, numbers, and contact details for all witnesses.
- Take a photo of the hazards, the area, and the presence or absence of any signs.
- Take a photo of the shoes you were wearing.
- Say as little as possible. Avoid statements like “I’m fine,” or “that was clumsy of me.” These statements can be used against you later.
- Get medical care immediately. This is a form of injury mitigation and it can show that you are being responsible.
- Follow all of your doctor’s instructions.
- Save all bills, prescriptions, instructions, and other medical records.
- Do not talk to the insurance company. Call an experienced slip and fall lawyer first.
We will deal with insurance companies for you. We will also fight hard to get you as much compensation as possible for your pain and suffering, lost wages, medical bills, and more.
Hiring us is risk-free. You don’t even need money for a retainer. We work on contingency, so we don’t get paid unless you do.
Get started today by calling (250) 487-7777, or by visiting our Kelowna office at 201-347 Leon Avenue.