If you’ve been injured recently due to a slip and fall incident at a business, contact an attorney right away, you might be able to get compensation for your injuries. An attorney will be able to help you to figure out if you have a claim due to your injuries, and he or she will be able to guide you going forward on a claim.
After your slip and fall accident, the establishment may ask you to fill out an accident report form. You should do this, but it’s important to have your own accident report that you can keep for your own records.
As soon as you possibly can, create your own using the same information from the slip and fall incident report that you filled out for the store.
How to Write a Slip and Fall Incident Report
A slip and fall incident report needs to include all the essential information about your accident. There are several accident report forms that you can find online.
The Occupational Safety and Health Administration (OSHA) requires that businesses have proper slip and fall incident reports readily available for you to fill out. Also, you can create your own or have one drafted by an attorney.
You will usually need to have specific information for these forms, such as: dates, times, description of accident and injuries, names and contact information of witnesses, etc.
How to Write an Incident Report
An incident report for a personal injury claim should include all the essential information about the incident. It should be accurate and factual and be supported by facts that can be proven. Photos, videos, diagrams and witnesses statements can be included as supporting evidence to show how the incident took place.
The key information that can be included in an incident report should include the following:
- your name and contact details;
- name and address of specific location of the incident;
- time and date of the incident;
- the names and contact details of those involved;
- the types of injuries and their severity;
- the names and contact details of witnesses;
- the treatment administered for the injury;
- the list of property damaged (if applicable).
- a police report if a police officer was called to the incident.
When the key details about the incident have been completed a short description should be written about the incident. For example:
“On Monday morning at 9 am you entered a store and slipped and fell on a hazard which you didn’t expect to be there. This was some liquid that had spilled out of a container which had been knocked on the floor. In just a few seconds a worker came to your assistance and it was discovered that you couldn’t move your leg which you had hit on a nearby shelf when you fell. Immediately an ambulance was called and the store manager was told about the incident. You were then taken to hospital to receive the treatment you required.”
Take Photos of Your Injuries
In a slip-and-fall incident, photos are the best evidence. Luckily, nowadays the majority of people have smartphones with cameras. Take pictures of the hazard that caused the accident. If there is water or another solution on the floor, take pictures of the floor area.
Take pictures of your injuries. If possible, call your doctor’s office to make an appointment immediately. When you see your doctor, ask for medical records that connect your injury to the accident. Any helpful information from the photos and the medical records should be used in your accident report.
Inspect the Area Where You Fell
Slip and fall accidents happen because there was a hazard that you were not aware of. Because of this, it's a good idea to look around the area to pinpoint exactly what caused the slip and fall. This could be anything from a wet floor, a loose carpet, or food that was spilled.
You should write down specific details in the slip and fall incident report. This will help clarify what happened before, during and after the accident, as well as verifying how your injuries occurred. It can be used to help an attorney decide how to proceed with the case.
It could also serve as evidence in court. It can be used to help an attorney decide how to proceed with the case. It could also serve as evidence in court.
Find Your Witnesses
Ask anyone who was in the vicinity of the incident to be a witness. Collect the first and last names, phone numbers and addresses of anyone who is willing to be a witness. While people who saw the accident are best, others in the area can testify on the hazard that caused the accident, along with your condition afterwards.
The names and contact info for these people should be used in your accident report. Give this information of witnesses to your attorney when you get one.
What To Include in Your Demand Letter
A demand letter is a letter that you write to your insurance company to negotiate a monetary settlement after an injury suffered from a slip-and-fall. These forms should have a certain amount of information to be successful. There are templates for this letter that can be found online.
In your letter, you should discuss:
- the details of the accident
- your injuries
- the reasons for the other party being at fault
- income losses
- medical treatment and costs
- any other losses
- the sum that you are requesting
- Environmental conditions (e.g. slippery floor, inadequate lighting, noise, etc.)
- Circumstances surrounding the accident (tasks, equipment, tools, etc.)
- Type of treatment needed for injuries
Slip and Fall Example Scenario
Slip and fall accidents are common, and they can lead to serious injuries and various damages. If you have been involved in a slip and fall, an accident report will need to be completed. This accident report will serve as the foundation or basis of your personal injury claim for your slip and fall damages.
When there is a slip and fall accident, you must be very detailed in explaining what happened. You cannot just say you slipped and fell.
You must be able to provide an accurate sequence detailing what happened, how it happened, and why it happened. Here is an example of a scenario in which you suffered a slip and fall:
On Saturday morning, October 19, 2019, at 9 a.m. you had entered Smith Brothers IGA in Bedford with the intentions of getting groceries. You had selected a few items already when you made it to the produce department.
At the produce department, you reached to get a bag to put some individual apples in when you slipped. As you slipped, you tried grabbing onto the cart handle and the side of the cooler, but you were unable to catch yourself. You fell backward, your head hitting the side of the produce cooler and your back landing on the hard tile floor.
You felt a shooting pain that went down the center of your back. It shot across the kidney area and then went down into the legs. You felt shooting pains and numbness at the same time. The pain radiated up your neck and into the back of your head.
At this time, a produce employee ran over to check on you and at that time, you said you were unable to get up from the fall. A couple of other store employees ran over, and at that point, an ambulance was called.
As the paramedics got you up off the floor, they noticed there were squashed pieces of produce that had apparently been dropped on the floor. They appeared to have been grapes. You had stepped on these grapes and they had caused you to slip.
As soon as the grapes were mentioned, a manager ordered the employees to clean up the mess and to place a wet floor sign in the vicinity. Clean-up had commenced as you were being wheeled out of the grocery store.
When you arrived at the hospital, they took you back right away. The treating physician ordered x-rays and an MRI so they could determine the problem and the severity of your injuries. They determined there was a damaged disc and it was pressing on the nerves in your spine, which was causing the symptoms to radiate throughout your back, neck, and legs.
A Sample Slip and Fall Accident Report
You should write down details about the slip and fall while it is still fresh in your memory. The retailer is supposed to complete an accident report as well. Since an ambulance was called, most likely an officer came and filed an incident report.
Remember that accurate documentation is essential to the success of your personal injury claim where you can recover damages for your accident. Here is an example of an accident report that may be filed after a slip and fall in a grocery store:
On Saturday morning, October 19, 2019, at 9 a.m. in Smith Brothers IGA located off State Street in Bedford, the customer slipped and fell because of squashed produce – believed to be grapes – on the tile floor in front of the cooler. When the customer fell, a nearby produce department employee, Mr. Luke Brown who was putting out bananas on the rack in the center of the produce department, immediately went over to offer assistance. After assessing the situation and talking with the customer who fell, determined that the back injury was preventing the customer from getting up out of the floor. An ambulance was called, and store management was notified. Assistant Store Manager Joe Adams and Front End Manager Becky Jackson went to aid the accident victim.
The customer said she was grocery shopping and reached to get some apples when she suddenly slipped. She said she tried to prevent falling by using her hand to catch on the side of the cooler and on the buggy handle, but she was unsuccessful.
Two other customers, Sarah Browning and Rachel Adams (include contact details) said that the floor appeared to be slippery, and the customer slipped and fell without warning.
The customer complained of pain in the center of the back and the lower back area that radiated into the arms, legs, neck, and the back of the head. She was taken by the local ambulance service to the emergency room at a nearby hospital. After the customer was loaded onto the stretcher by paramedics, mashed fruit and a wet area were found on the floor. The produce department employees under the direction of Mr. Brown cleaned up the area and placed a wet floor sign.
Why You Should Talk to An Attorney
If you are denied insurance, contact an attorney. He or she can help you to draft a letter that will be successful, or advise you on a new plan of action altogether.
It is crucial to contact an attorney right away if you are injured. This is important for many reasons. Witness testimony will be easiest to get and most accurate right after an accident. Any injuries will be able to be directly tied to the accident and will be fresh. Additionally, the business will not be likely to have a defense for the accident.
But the biggest reason is due to the statute of limitations, or SOL. This is the time that you have to file your claim. After this time is over, you may be banned from filing the claim. The SOL varies depending on state.
Nonetheless, if you have been injured in a slip and fall accident, you should contact a personal injury attorney immediately to determine whether or not you have a case.
If you have suffered injuries in a slip and fall accident that could have been prevented, you should consider seeking the help of a personal injury attorney who handles slip and fall claims to assist you with your claim.
Through a personal injury claim, you may be able to recover compensation to cover the damages that you suffered, such as medical bills, lost wages, pain and suffering, and so forth.
Personal injury lawyers work on a contingency basis, which means that you don’t have to pay anything upfront or out of pocket. Instead, your lawyer isn’t paid unless you win your claim and recover compensation through a judgment in your favor or receive a settlement.
Complete the Free Case Evaluation Form to share the details of your case, so you can determine the best way to proceed with your slip and fall injury case. There is a statute of limitations for pursuing a claim, so time is of the essence.