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Villarreal & Begum March 24, 2015

3 Things You Need To Win Slip & Fall Case

banana slip and fall injury

A slip and fall accident generally concerns the injury of someone on the premises of someone else who can be held legally responsible. If you have been injured in San Antonio in one of these situations, how will you go about taking it to trial? Or will you be able to get a settlement and avoid trial altogether? Continue reading for three steps that will help you out in a situation like this.

1.  Documentation

This is the first and best way you can ensure a win for your case. You should note where the incident happened, what exactly happened, and proof of why the owner of the property is at fault. If it was on commercial property, you basically need to be able to prove that either an employee or the owner is at fault because they knew about an unsafe condition and did nothing to fix it.

On private San Antonio property, you will need to prove that the owner could have repaired the unsafe condition, and the cost would have been reasonable in cost. In other words, it was exclusively their fault for not fixing the situation.

You should immediately take note of the circumstances before, during, and after the incident. Include things like warning signs, whether the unsafe condition was visible beforehand, and if there were unfavorable weather conditions at the time. You should even write down (and keep on hand) the clothes and shoes that you were wearing at the time. This is to avoid the company or property owner from blaming the fall on you.

You should also take note of what the owner’s response was at the point of the incident. Did they apologize (therefore admitting responsibility), or offer to pay you for any medical expenses? These things could be used to show that the owner is at fault, and will hopefully help you avoid a trial altogether.

2. Evidence

If you aren’t too badly injured after your fall, you should immediately look around for any witnesses who may have seen it happen. Try to see if they are willing to make a statement or be available for contact. Their testimony could completely make your case since they have no direct investment in how the case turns out, making their word even more convincing.

You should also take pictures of the spot where you fell, from as many different angles as possible. You want to keep the setting as similar to when it actually happened as possible: if the injury happened during the day, take the pictures during the day. You can also have a friend or family member do this for you. It’s important to get these pictures as soon as you can after an incident, since the owner will likely fix the problem as soon as they can.

Take photos of your injuries as well, right away after you fall. If you have bruises, take several pictures every day for the following week. If you then show these pictures to the property owner, he or she might be more willing to settle instead of going to trial.

Even if you don’t have visible injuries or your injuries are minor, it is still a good idea to visit the doctor. Tell the doctor what happened; he or she will be aware of which signs to look for in these cases. This will clearly connect the injury with a cause.

3. Lawyer

You are definitely going to want to find a personal injury lawyer for this type of case. Our San Antonio personal injury lawyers know Texas laws and will be able to make a better case for you.  Contact us to discuss the different possible outcomes. Together, we can create a plan with your best interests in mind.