Our mistake. Perhaps we didn’t start our recent series on slip and fall accidents from the beginning. You may be lucky enough to read our advice before you suffer a personal injury. In that case, you’ll find this checklist concerning what to do very helpful.
In the meantime, that’s not to say where your accident happened lacks relevance. Furthermore, you might be amazed at the science of your fall. It’s not as simple as you imagined. And, you most assuredly need to understand what constitutes a negligence claim as it pertains to slip and fall or trip and fall accidents.
Help Your Claim Before It Happens
More than likely, you already know what you need to do to prevent a slip and fall accident. Even if you’ve done your best to avoid slippery objects or torn carpets, your claim may benefit if you report dangerous conditions.
For example, did you read our blog about slip and fall accident claims in movie theaters? Interestingly enough, the New Jersey Appellate Division came out with a case on point right after our article appeared.
Frankel v. Edgewater Multiplex Cinemas
In the unpublished decision of Frankel v. Edgewater Multiplex Cinemas, the court agreed with the trial court in denying Frankel’s personal injury claim. For starters, the plaintiff saw litter in the aisle when he sat down in the theater’s first row. Nonetheless, Frankel initially admitted that he “paid no mind” to the things on the floor; he did not report them. The defendant’s representatives testified concerning their diligence in keeping theaters clean. Frankel never gave “actual or constructive notice of the debris.
The issue boiled down to a reasonable duty of care. The proper notice might have helped the claim. Both the lower and upper courts agreed that “Willy’s assertion he saw debris that remained on the floor during the duration of the movie and caused him to fall, does not establish defendants were aware of the debris, either actually or constructively.”
What’s the bottom line? In addition to watching your step, you should report hazardous conditions. After all, avoiding the fall in the first place works best.
Checklist for Slip and Fall Accidents in New Jersey
Our checklist starts with the most critical step. If you slip, trip, or fall, you first need to seek medical attention. In many cases, the faster you address your injuries, the quicker you will recover. However, here’s what else you need to do:
- See if you can figure out why you fell: Look for wet substances, slippery surfaces, uprooted pavements, torn carpet, etc.
- Take lots of photographs: Just about everyone has a camera on their cellphone. Take immediate advantage of yours. Photograph the conditions that caused you to fall. Additionally, take pictures of the overall room or location. Make sure to focus on something that identifies the accident site, such as the building number that shows the address.
- Look for witnesses: If someone else saw your accident, politely request identifying information. This makes it easier for your attorney’s investigation.
- Document the accident: For example, if you fell in a store like Walmart or Costco, make an incident report. If you fall on public property, you must report your accident within certain time limits. Don’t miss the deadline.
- Keep notes about everything: It’s much easier to remember things when you keep records. This information proves useful when you pursue a claim and need to acquire documentation regarding your dealings with the premises owner and your attorney.
- Seek legal counsel: The property owner may either try to deny or settle your claim quickly. When you work with an experienced personal injury attorney, you benefit from professional negotiation skills and claims knowledge.
It’s no laughing matter. Just about everyone remembers the old commercials of the woman falling who couldn’t get up. If you suffered injuries after a fall, you need experienced legal advice. Contact the Law Offices of Anthony Carbone at 201-733-2230 to see how we can assist you.