by Michael Miller
Accidents Happen.” How many times have you heard that phrase?
Whether you are a business owner or a customer, it could happen to you. However, sometimes, it is not simply an accident. There can be life-changing events which are due to negligence on someone else’s part.
While you may not expect an accident to happen, education is important concerning what to do if you or someone you love has been injured in a public facility. In most cases, the law does not hold businesses responsible unless an employee or the business failed to meet legal standards of care. In some cases, the customer can be at fault if their actions were unreasonable and contributed to their accident.
You’ve Slipped and Fallen in a Store
You are walking around the grocery store and next thing you know, you are laying on the ground. Did you trip over your own feet or was the floor wet with no sign or warning?
If the first thing that comes to mind is filing a law suit, make sure you understand what all a law suit entails as well as the criteria your case must meet.
Was the Owner Negligent?
If you can prove that the owner knew about the danger of the situation and was negligent in taking care of the issue, then you have a strong case against that business owner.
There are two ways that companies look at accidents, foreseeable and unforeseeable.
If an accident is foreseeable, it means that it could have been prevented. If an accident is unforeseeable, then it could not have been prevented. Foreseeable cases are the ones where charges are brought. Companies have a standard of care that they are legally held to; when that standard is breached, the customer may bring charges.
Steps to Take After The Fall
The initial shock and embarrassment of the falling is enough to make you want to get up and run away. However, I encourage you to do the opposite of that. Gather yourself and then observe the accident scene. First, you need to ask yourself if this accident was foreseeable or unforeseeable.
Call for the manager and share with them what happened. Following that, ask the manager to fill out an accident report. If needed, ask for medical attention. If you have minor injuries that do not need the attention of paramedics, do not ask for EMS and fire services.
If there are any witnesses on the scene, make sure to ask for their testimonies, do your best to get their names and phone numbers while on the scene. If you have your cell phone on hand make sure to take some pictures for additional evidence. If the facility has surveillance cameras, you should ask to look at that footage. Ask the manager for their company’s insurance information. Don’t be surprised if it is a large company that they will need to get in touch with someone from corporate.
For more information on how to handle these situations or other legal assistance, please contact either Michael Miller or Dustin Hightower at 404-857-2960.
Miller & Hightower, P.C., Attorneys at Law
Your Partner in your Time of Need