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  • By: Fall Law
  • Published: January 24, 2024
A man falling on a wet floor - Fall Law

If you have fallen, do not panic. Try to stay calm. This article will provide you with an extensive guide, including step-by-step procedures, for what to do after a fall or other injury on someone else’s property.

Some steps are common sense measures anyone might know, but others are carefully designed to help ensure you will be able to file a successful personal injury premises liability claim later to make sure you do not bear the cost of someone else’s negligence or recklessness. This includes:

  • The steps you should take immediately after your fall or injury.
  • The evidence you can gather (including witnesses) to improve your premises liability claim chances.
  • What information is safe to share with the property owner and their insurance after a fall.

What Steps Should I Take After Being Injured On Someone Else’s Property?

Here is what you should do after falling or suffering some other injury on someone else’s premises:

  1. Step 1: Seek Immediate Medical Attention. Your health is the priority. Even if injuries seem minor, it is essential to get medical attention immediately, as some injuries might not manifest symptoms right away. Paramedics and doctors will also note your injuries and symptoms, which could be important later for your claim.
  2. Step 2: Report the Incident. Inform the property owner or person in charge about the incident. If you were injured in a commercial place like a store or restaurant, ensure that the accident is documented in an incident report. Request a copy of this report for your records.
  3. Step 3: Document the Scene. If it is safe to do so, take photos or video recordings of the exact location where you were injured, showcasing the hazard that led to the accident. This evidence could be essential in proving liability later on.
  4. Step 4: Gather Witness Information. If there were any witnesses to the accident, obtain their contact information. Witness testimonies can greatly help in supporting your claim for compensation later.
  5. Step 5: Preserve Evidence. Keep a record of everything related to your incident. This includes medical bills, the cost of treatments, lost income from missing work, and any other associated costs or losses.
  6. Step 6: Hire a Lawyer. A lawyer with experience in premises liability can guide you through the steps to file a claim, ensure all deadlines are met, and advocate on your behalf for the compensation you deserve for your injuries.

Remember to act promptly following an injury on someone else’s property. Steps taken immediately after the accident can significantly impact your ability to receive fair compensation. It is never too early to consult with an attorney to understand the intricacies of your case.

What Evidence Will Help Prove My Premises Liability Claim For Personal Injury Compensation?

In terms of Georgia Premises Liability Law, to make a successful premises liability claim for the injuries you sustained, you want evidence that highlights the property owner’s negligence. Here are some crucial types of evidence that can bolster your case:

  1. Incident Reports: Any incident or accident report related to your injury.
  2. Photos and Videos: Capture pictures or video evidence of the location where the accident occurred, highlighting the exact hazardous condition and any pertinent details such as lighting.
  3. Witness Testimonies: Obtain declarations and contact information of any witnesses who can endorse your account of the incident or the presence of the hazard.
  4. Medical Records: Have copies of your medical records, bills, and other documentation that specify the extent of the injuries sustained, the treatment received, and the costs associated with it.
  5. Property Owner History: Gather evidence related to previous complaints or incidents on the property indicating neglect or poor maintenance.

Ultimately, you will need to prove three things to obtain financial compensation, so any evidence that points towards any of these is helpful:

  • Duty of Care: Confirm your legal status at the time of the accident (invitee, licensee, or trespasser), which informs the property owner’s owed duty of care.
  • Property Owner’s Knowledge: Determine whether the property owner was aware of the hazardous condition and if they took appropriate steps towards remedying it or warning people on their property.
  • Causation and Damages: Demonstrate that the property owner’s negligence directly contributed to the injuries you experienced and the related damage (financial, emotional, etc.)

How Can I Obtain Witness Statements And Surveillance Video To Prove Negligence?

It can be daunting to go about trying to get vital pieces of evidence like witness testimony or surveillance footage. This is understandable, which is one reason why hiring an experienced attorney is so important. Your attorney will be able to do all of the following:

  1. Request Witness Statements: Your attorney knows how to interview witnesses who were present at the occurrence site to get the information you need most and will be able to document their accounts in writing, video, or audio format.
  2. Visit the Accident Scene: Attorneys regularly conduct inspections of locations where incidents and injuries took place. They know what to look for, and how to get information about surveillance footage from nearby shops or the property management company.
  3. Send a Spoliation Letter. If you suspect a store, company, or owner of surveillance cameras might have captured the incident, you will want a lawyer’s help to send a spoliation letter. This legal document informs the relevant person or company about your intent to file a lawsuit and their responsibility to preserve necessary evidence, such as surveillance videos.
  4. Utilize the Freedom of Information Act: If there might be footage of the incident from government-owned cameras, you may use the Freedom of Information Act to procure the required video footage.

These methods might not always be applicable or successful for your situation; everything depends on the context. It is important to devise a strategy tailored to the facts and circumstances of the case, which is why you need an experienced lawyer who has handled premises liability cases before.

What Information Is Safe To Share With The Property Owner At The Scene?

When an accident occurs on someone else’s property, it is essential to maintain open communication while also safeguarding your rights. Here is some information you can safely share with the property owner at the scene:

  1. Your Name and Contact Information: Provide your basic personal information, such as your name, address, and phone number.
  2. Relevant Facts: Briefly describe the incident and point out the hazardous condition that led to the accident.

However, you should avoid sharing certain information at the scene, such as:

  1. Admitting fault: Resist the urge to apologize or admit guilt, as it can complicate liability claims.
  2. A detailed description of your injuries: Discussing your injuries in depth might significantly affect your claim if they worsen later.

It is crucial to seek legal counsel to help you navigate the process and protect your rights. Consulting with a personal injury attorney who specializes in premises liability claims will ensure you get the necessary guidance for your case. For more information on the Steps To Take In Premises Liability Cases, an initial consultation is your next best step.

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