3 Mistakes That Could Hurt Your Slip-And-Fall Injury Claim

Posted on: 14 May 2015

You're out enjoying a wonderful afternoon of shopping with your closest friends when, all of the sudden, you slip and fall on a slippery floor. You're embarrassed and, as you attempt to get up, you experience a white hot pain in your back. You know you need to seek medical attention, but you're also thinking ahead; you're going to call a personal injury lawyer to help you file a claim against the store owner, who failed to put up a "wet floor" sign in the first place.

Not so fast, though! Aside from working with a lawyer, there are a few mistakes you'll want to avoid with your slip-and-fall claim.

Failure to Disclose Your Own Role

After the accident, you're likely going to be asked some questions by either the store owner or his or her attorneys. These questions will be aimed at determining whether or not you could have played some role in the accident. Some questions you should expect to be asked include:

  • Were you intoxicated at the time of the fall?
  • What kind of shoes were you wearing when you fell?
  • Were you using your cell phone when you fell?

Be sure to answer these questions 100% truthfully, even if you think they may lead to a claim that you were at-fault for your own fall. 

Not Reporting the Fall Right Away

You're going to be understandably embarrassed if you slip and fall in front of a bunch of people. Your first instinct may even be to get up and run away. However, it's important that you report your fall to the store manager (or manager-on-duty) right away. If you're injured, have another store-goer or friend stay and file a report on your behalf. Any store should have copies of "incident report" forms on-hand that are designed to be used for these exact circumstances. 

Failure to Document the Area

Finally, even if you're injured, it's important that you document the scene as best you can. If you have friends with you, ask them to snap some photos of the accident scene for you--making sure to capture the lack of "wet floor" sign present or any other evidence of neglect by the store owner. If possible, get some statements from other witnesses and write down their contact information so that you can call on them later on, should you need them to testify on your behalf in court. (You can contact personal injury lawyers for more information)