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Establishing Responsibility After a Slip and Fall Accident

Why it’s important to seek legal help quickly in property liability cases

Every personal injury case depends on the evidence. Testimony of the witnesses is a traditional type of evidence. Other types of evidence are also used to show the strength of your slip and fall case. In slip and fall cases, the goal is to hold the owner of the property and anyone who maintained the property responsible for causing your injuries. Slip and fall injuries often include broken bones, sprains and strains, and muscle and ligament damage. In severe cases, slip and fall injuries can cause spinal cord damage and traumatic brain injuries. In tragic cases, a family must file a wrongful death claim when a loved one dies due to a slip and fall.

There are many steps a victim and your attorney will take to support your case. Many of those steps should be taken immediately after the accident, if possible.

Why you need to seek prompt medical care

The most important step after you fall is to seek medical care as soon as possible. If necessary, accident victims (or someone on their behalf) should contact an ambulance service or emergency healthcare transport service to move the accident victim to the closest emergency room. All victims should go to the emergency room the day or night of the accident.

Seeking medical help is important because the sooner you get medical care, the better your health outcome will likely be. Additionally, seeking medical help quickly confirms the seriousness of your injuries. Prompt medical attention also confirms that your injuries are related directly to the slip and fall.

Taking pictures of the scene of the accident

If you are healthy enough, immediately after the fall you should take photographs of the accident scene to confirm the hazardous condition that caused the fall. Otherwise, ask a friend or customer to help you. Pictures should be taken of any torn carpets, broken tiles, objects on the floor, spells or liquids, the lighting or lack of lighting at the accident site, the lack of any warning signs, and any other indicators that the condition of the property was dangerous.

You or someone who is with you should take pictures of any visible injuries. The photos should show if you're bleeding, if you have bruises, if your clothes are torn, or if there's anything about you that confirms you fell and the seriousness of the fall. The aftermath of an accident is no time to be humble. Don’t brush your hair or hide anything unsightly. The insurance adjuster and/or the jury needs to see all the bumps and bruises.

Try to find any witnesses

Try to identify anyone who might have seen you fall or who can verify the dangerous condition. Ask for their names and contact information. Your lawyer will likely have an investigator talk to them and take a statement to document what they witnessed.

You should also get the name and contact information of the store manager or store owner. Try to see if there are video cameras nearby. Your attorney will also ask the property owner if there are only photographs or videos of the accident site and of your slip and fall.

Should you file a report?

Yes. You should inform a manager or supervisor that you fell. They should help you if you need medical attention. Filing the report confirms that you fell. The filing of a report also puts the property owner on notice that there is a dangerous condition so other customers or visitors don’t fall. You shouldn’t get into a discussion about why you fell though, because any statements you make to the property owner will be used against you. The priorities are to put the property on notice and to obtain medical help.

If you needed to leave immediately to get medical help, the family member or friend who helped you should return the store, apartment, restaurant, or wherever you fell – and report the accident.

Keep your clothing as-is

Preserve the clothing you were wearing at the time of your fall, including your shoes. The clothing may provide evidence of the fall. Your clothes may show tears caused by the fall. Clothing may also show blood that may have spilled onto your clothes after you fell. Your shoes and clothes may also have evidence that the surface where you found was wet or slippery. Another step is to take a photograph of your clothing and record the time when you took the photograph.

Contact your lawyer as soon as possible

An experienced Colorado slip and fall attorney will arrange for an investigator to view the scene of the accident and speak to witnesses. It's critical that an investigator examine the accident site before any changes are made to the property and while the slip and fall is fresh in the minds of everyone who saw it. A skilled investigator will speak and take statements from all of the witnesses and thoroughly review the accident site. In addition to looking for evidence of a dangerous physical condition, the investigator will review the complete surroundings for any evidence that may help your case.

An experienced slip and fall lawyer will:

  • Work to determine the legal identity of the property owner. In some cases, the owner of the property leases the property to a tenant.
  • Request that the property owner disclose whether there are records of any prior complaints by any customers or others about the dangerous condition.
  • Request information about any recent repairs to the property and who performed those repairs.
  • Work with your doctors to fully understand your medical condition, what your prognosis is, what type of care you will need, and why your injuries are expected to cause you pain and suffering.
  • Take many other steps to help prove the property owner is liable for your injuries.

The governmental immunity waiver also applies when there is a failure of the governmental entity to perform a required educational employment background check as required by Colorado law. Whether a waiver can be used may depend on other exceptions or limitations which an experienced Aurora personal injury lawyer should explain.

Talk to a strong caring Aurora lawyer today

At the Law Office of Anna L. Burr, LLC, our experienced slip and fall lawyers have the resources to help slip and fall accident victims obtain justice. We have a strong record of successful insurance settlements and verdicts in personal injury cases. We understand how even minor injuries can cause chronic pain and how major injuries affect the quality of your life. To speak with a skilled Colorado slip and fall lawyer, contact me online or call 720-500-2076 for a free, no-obligation consultation. We handle slip and fall cases on a contingency fee basis.

Call For A Confidential Consultation. 720-500-2076.


Law Office of Anna L. Burr

Office Location:

Law Office of Anna L. Burr
2851 S. Parker Road
Suite 438
Aurora, CO 80014

Phone Number:

Phone: 720-500-2076
Fax: 720-729-8866