Premises liability simply means responsibility for injuries from accidents that happen on someone’s property like parking lots, restaurants, motels, hotels, waterparks, amusement parks, etc. It can also mean responsibility if you are injured on property that is not owned by a business but rather a neighbor or a friend’s property.
The first thing many people do when they trip and/or slip and fall is get up and make sure nobody saw them! Unfortunately, if you are injured this may not be the best thing for you to do. If you, a friend or a loved one trip, slip or fall for any reason and there is any chance of serious injury, whether the fall was inside or outside, if at all possible make sure to take the following steps:
1. Make sure that if there is any chance of serious injury that you ask for medical attention. Again, if you are injured that is not the time to be embarrassed but to make sure that you do not cause further injury by moving without the assistance of medical personnel.
2. Make sure the owner of the business or the property where you are at knows that you have fallen. If at all possible, notify the owner at the time of the fall. If you have to be taken for medical attention make sure that you fully explain to medical personnel how you were injured. Make sure that somebody on your behalf notifies the property owner of the incident. Late notification often times is misinterpreted by an insurance company as “faking” the injuries.
3. Again, if you are unable, have someone photograph the scene and make notes of what caused you to fall. Sometimes, it is ice and snow. Sometimes it is slippery surfaces whether inside or out and sometimes it is because of improper lighting or stairways without appropriate handrails. The reasons are many. At some point you may have to prove your claim and that means you have to explain and show if at all possible why you were injured. Tripping, slipping or falling is not enough. If you cannot do so because of injury have someone on your behalf go back to the scene as quickly after the accident as possible. Again, document the cause of your trip, slip or fall.
4. If at all possible, find out the names and contact information of any witnesses. Many times, the owners will get this information but will not disclose it. If you are with someone have that person get some contact information of the people who saw your fall.
5. Do not give medical authorizations, recorded statements or have lengthy conversations with the claims adjusters for the property owners. These people are trained individuals who are paid to protect the owners and their insurance companies. Rather, be polite and decline providing such information.
6. Talk to an experienced personal injury attorney about your rights as soon after your accident as possible. Many times, properties both inside and out change over time and prompt investigation often times results in higher settlements. The same is true of witnesses who often times disappear and the sooner your attorney can talk to these people the more thorough the investigation.
We have been representing victims injured from falls of all kinds whether caused inside or outside of businesses, restaurants, bars, etc., for almost 30 years. We take these cases on a contingency fee basis which means you do not pay any fees until and only if there is a recovery. We get to know both you and your family as well as your injuries and damages to help best protect you at a time in which serious injuries can have a devastating impact on you and your family.
In the Madison area at (608) 824-9540, in the Baraboo area at (608) 356-3961, Statewide at (866) 455-2993, by email at mark@kh-law.net or check out our website at https://khtlawyers.com. At Krueger Hernandez & Thompson SC, we listen, we care, we get results! We want to be your personal injury attorney.
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