I fell and hurt myself on a property isn’t the owner/operator at fault? Actually, you could be wrong.

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Premises Liability

Just because you slipped or tripped and fell on someone’s property doesn’t mean that they are automatically responsible for your injuries. In a slip and fall case, the law requires you to show that the business or property owner knew or should have known about the dangerous condition before the accident. If you are unable to show that the business or property owner knew or should have known about the condition on the property, your case can be dismissed. Proving that an owner should have known (i.e. had constructive knowledge) about a dangerous condition is usually difficult.

In order to assist in showing constructive knowledge, you should immediately take these simple steps to preserve evidence:

• Immediately report the accident and the dangerous condition to the property owner, store manager, or other person in charge.

• Be sure to identify cameras in the area. The presence of cameras may be helpful to you case in that they can be used to help determine how long a substance has been present.

• Use your phone to take pictures of dirty tracks, footprints or anything that helps to show that substance had been on floor for an extended period. If you are unable to photograph the condition, be sure to take extensive notes about the size, shape, color and location of the substance.

• Identify where the closest employee would have been stationed in comparison to the substance.

• Obtain the names and addresses of anyone who may have witnessed the fall.

If you or a loved one has been injured in a slip and fall, contact our office for a free, confidential consultation.

Ashley L. Hendricks

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