Slipping and falling accidents have the potential to cause significant injuries to the victim, including broken bones, concussions, or even spinal injuries. If this accident occurs on someone else’s property, there is a possibility that the property owner can be held responsible for the injuries caused under the legal concept of premises liability. This legal principal ensures that property owners do not allow for unreasonably dangerous circumstances to exist on their property, be it a business or a private residence, and protect the victims of negligent hazards from being forced to shoulder any expensive medical bills that these dangers may cause.
Most businesses are very aware of the potential for lawsuit under premises liability, and when an accident happens they will take immediate precautions to protect themselves. Most commonly, businesses will fill out an incident report documenting the victim’s information and injuries, the conditions of the accident, testimony from any witnesses, and the date and time that it occurred. By documenting the incident, the business creates a clear record of what happened so as to protect themselves from any false claims that may be raised against them. The business may or may not agree to present a copy of the accident report to the victim initially, but it is generally a good practice to ask. An incident report can also greatly help the case of the victim if it shows the cause of injuries was an unclear or unnecessary hazard that the business neglected to protect their customers and visitors from.
For the victim, it is important to make sure that the business is aware of the accident by reporting it to the staff or manager. If the accident is never reported to the business, then they may very well be able to deny that it ever happened. With no accident report on file, and a potential lack of any other substantial evidence, a premises liability case for an unreported accident could break down into the victim’s word versus the business’s.
For any slip and fall case, it is important to consult an experienced personal injury attorney Atlanta GA trusts. Every case is unique, and the legal process in recovering damages after an accident can be lengthy and stressful, especially if the incident occurred on the property of a large business. With the help and skill of a premises liability attorney, the victim can be allowed to heal and rest assured knowing that everything that can be done for them will be.
Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into incident reports.