PBA Tip of the Day brought to you by James Carroll, III with Carroll Law Firm, PLC (623) 551-9366.
How can you increase the chances of recovering damages in a slip and fall case? James has the answer!
First, it is important to understand that simply falling and being injured on someone else’s property does not necessarily provide a right to financial recovery. A potential plaintiff must establish a number of legal elements to successfully recover damages in a slip and fall case, including that the fall and subsequent injury were caused by a dangerous condition present on the property. This element is sometimes difficult to prove, as the issue of what exactly constitutes a “dangerous condition” is not always obvious. A wet floor, for example, may not be dangerous if it is damp carpet, but a puddle on a hard floor can of course easily cause one to lose balance and fall. But perhaps a spill on a hard floor is well-marked with cones or caution tape; the spill may be viewed as not dangerous in this situation and the particular details of a given fact scenario become very important, therefore, to establishing whether a dangerous condition existed on the property at the time of the fall and injury.
or this reason, it is vitally important to document the physical circumstances of the scene at the time of the injury. After summoning help and taking the proper steps to secure appropriate medical treatment, it is best to take photographs if possible. Of course one who has just fallen and sustained an injury is often not in a position to take them, but certainly if you are present with a friend or loved one who falls and is hurt, take as many and as detailed pictures of the scene as you can. For more information, contact James today!