Depending on where the event took place, the process for claiming your compensation for a slip and fall injury may be different. For example, if you suffered a fall on a construction site, you could be entitled to receive compensation from the insurer your employer purchased. However, if the accident was in a public place such as a shopping center, then the responsibility could fall on the person in charge of the place and other aspects would be taken into account, such as whether or not the place had the respective signage to avoid accidents or falls. In both cases, the help of a slip and fall lawyer could be essential to determine the responsibility of the fact, through an investigation that will be carried out by a professional team of lawyers.
Preventing Accidents
Accidents related to falls, slips, and trips are frequent in many sectors of activity and workplace, and the municipal sector. Clutter, slippery floors, uneven steps, and floors, dangerous running boards, ice outside buildings, worn work shoes are all possible causes of this type of event. Several measures can be put in place to prevent them, in particular:
- Ensuring adequate maintenance of the interior and exterior premises
- Providing safe access for vehicles
- Choosing work equipment that is compliant and adapted to the task
- Raising awareness/informing/training staff on the risk of falls, slips, and trips and on the means of prevention
The Case
Since your case may eventually end up in court, it is important to start gathering evidence as soon as possible. This would involve gathering everything that can contribute to demonstrating that the fall did indeed take place, the extent of the damage you suffered, as well as the fact that it was a direct result of the alleged fall.
For example, it could be photographs of the place of the fall (ideally taken quickly after the fall), medical bills, witnesses, etc. The sooner you start collecting, the more relevant this evidence will be, since it will be true to the state of things at the time of the drop. The more evidence you have, the more you can paint a complete and credible picture of the event.
Warning: Keep in mind that sometimes a trivial fall causes more damage than you would have thought at first sight. It is therefore wise to prepare accordingly.
Civil Liability
First of all, it is important to characterize the essential elements of civil liability: the fault, the damage, and the causal link between the two. Indeed, if there is a combination of these three elements, you will have a remedy. On the other hand, if one were to be missing, you would probably have no right of recourse.
The notion of fault in the event of a fall
One of the essential elements of civil liability is the notion of fault: for there to be a liability, there must be a person who acted in a faulty manner. In civil law, the fault generally corresponds to the fact of not respecting a duty and not acting as a “reasonable and diligent person”.
To know if there is a fault, one wonders how a reasonable person placed in the same circumstances would have acted. This “reasonable person” is obviously not perfect: he represents common sense in a way.
Speak to a Professional
If you are involved in a slip and fall injury, it is best to speak to a professional since there are so many things involved in deciding your particular situation. After seeing a medical professional, it is time to consult with a slip and fall injury lawyer.