Slip and fall accidents occur much more frequently than you might think. The present article will deal with what happens to those who sustain a slip and fall injury, and what you should do if you are a victim.
Slip and fall accidents involve the area of tort law known as premises liability. In Minnesota, a premises liability insurance claim often arises from the property owner’s or occupant’s failure to maintain the property in a safe condition or failure to correct a dangerous condition on their property, which they knew about or upon reasonable inspection, should have known about.
A person can slip and fall anywhere…at the grocery store, in a mall, at work, in a playground, sports facility…anywhere. What happens AFTER the fall is where the problems arise. The injuries that result from slipping or tripping, and then falling can range from a sore bottom to serious lacerations, broken bones, severe head injuries, paralysis and even death.
In the State of Minnesota, comparative negligence is the law that governs all accidents involving negligence. With comparative negligence, a fact determination is made as to the percentage of fault for the person who is making the claim, compared to the percentage of fault for the person who is said to have caused the claim is compared. If the person who is bringing the claim’s negligence is determined to be greater than that of the person who is claimed to have caused the injury, then that person is not entitled to recover.
The Ten Commandments of Slip and Fall Injuries
Here are my recommendations for victims of a slip and fall injury:
1. After you fall, check yourself to find out if you are injured. If you already know you’re injured, notify the owner or manager of the property where you fell immediately. You may not be able to complete and submit an injury report at that time, but you will have placed the property owner on notice that an injury has occurred.
2. Examine the surroundings and make a determination as to the cause of the slip and fall.
3. If anyone witnessed your fall, get that person’s contact information without delay.
4. If you feel as though you may have sustained an injury, seek medical treatment at once. Even if you feel as though you may not have been injured, it is not wise to reject medical treatment. I’ve seen many slip and fall accidents in which a person fell one day, and did not begin feeling pain until 4-5 days later.
5. Seek the advice of a Minneapolis Slip and Fall Lawyer. If you delay, you may inadvertently give away your rights of financial recovery through your cooperation with the property owner’s insurance company.
6. Notify the property owner IN WRITING, CERTIFED MAIL, of your intention to file a claim. Note that I placed this action AFTER seeking legal counsel.
7. Follow all of the treatment recommendations advised by your medical providers. Following these recommendations will ensure you are able to recover from your injuries.
8. Don’t sign ANYTHING that the property owner’s insurance company gives you without having an attorney review it first.
9. Don’t give the adjuster a recorded statement unless your lawyer is present, or at least involved on a three-way phone conversation.
10. Lastly, work with your medical treatment provider you personal injury lawyer to settle your slip and fall insurance claim.
All premises injury claims are not due to the negligence of the property owner. But, if you’ll follow these steps, you will have a better chance of succeeding with your legal claim.
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