(275+)We have all been there – strolling down the aisles of our favorite grocery or department store, minding our own business when suddenly our feet slide out from under us. In an instant, we find ourselves in an embarrassing heap on the floor, possibly dazed and in pain. Slip and fall accidents in stores are, unfortunately, quite common. Over 1 million people visit emergency rooms in the US each year due to slip and fall injuries. If you find yourself the victim of a slip and fall accident in a store, it is important to know what happens if you slip and fall in a store to protect your health and your legal rights.
Seek Medical Attention
Your health and well-being should be the top priority after any accident. Some injuries, like concussions or hairline fractures, may not be immediately apparent. Other common slip and fall in a store injuries include:
- Sprains and strains, especially to ankles, wrists, and backs
- Bruises and contusions
- Neck and spinal cord injuries
- Traumatic brain injuries
- Hip fractures, especially in older adults
Even if you feel okay after a fall, it is wise to get checked out by a medical professional. Keep records of all treatments and bills. If you decide to pursue a legal claim, this documentation will be vital evidence of the extent of your injuries and damages. Delaying medical treatment could also make your injuries worse and give insurance companies ammunition to argue your injuries were not caused by the store fall.
Report the Incident
Find a store manager or supervisor and formally report your slip and fall accident as soon as you can. Insist they create a written incident report and obtain a copy before you leave. If they refuse, write down the name of the person you spoke to. Reporting establishes a clear record of what happened.
Many stores now have policies that employees should not admit fault or apologize, as this could be used as evidence of liability. Do not be offended if they seem cold. The important part is making sure the incident is documented.
Document the Scene
If you are safely able to do so, take pictures of the exact location where you fell. Get shots from multiple angles, clearly showing what you slipped on. This could be a wet floor, torn carpet, loose tile, broken stair, poor lighting, or any other dangerous property conditions. If there were any warning signs or cones, get photos of those too.
Seemingly small details can end up being very important, so take more photos than you think you need. You want to preserve reliable evidence of the scene before the store has a chance to clean it up or fix any hazards. If you are too injured to take photos, ask a friend or family member to do it for you.
Gather Witness Information
Collect the names and contact information of anyone who saw you fall or helped you afterward.
Witness statements from impartial bystanders can provide powerful support for your case.
Employees are important witnesses, although be aware the store’s lawyers may pressure them to change their story later on. Get their information anyway – they may still help or have critical information about how long the hazard was present.
Be Careful What You Say
Stick to the facts when reporting a store fall or discussing it with anyone afterward. Resist the urge to elaborate, speculate, or share opinions about what you think happened. Comments like “I’m so clumsy” or “I should have watched where I was going” could be twisted to shift blame onto you.
Politely decline to give a recorded statement to any insurance companies before speaking with a slip and fall attorney.
Also, be wary of discussing your fall on social media. Insurance companies are not above scouring your Facebook and Instagram for any posts they could argue are inconsistent with your injury claims. To be safe, avoid posting about the incident or your injuries at all.
Know Your Rights
Pennsylvania law requires stores to maintain safe conditions for the benefit and protection of their customers. This includes fixing known hazards in a reasonable timeframe and warning of any dangers that cannot be immediately resolved. Stores that fail in this basic duty can be held liable if their negligence causes injury.
However, just because you fell on someone else’s property does not automatically mean you are entitled to compensation. You must prove the store or its employees did something careless or wrong that led to your accident. Legally, you must establish:
- A dangerous condition existed on the property
- The store knew about the danger or should have discovered it through reasonable diligence
- The store failed to repair the condition, protect customers from it, or provide adequate warning
- This negligence played a substantial role in causing your slip and fall injuries
Stores and their insurance companies will look for any opportunity to deny responsibility or pin the blame on you. They may argue there was nothing they could have done to prevent your fall or that you should have been paying better attention. Overcoming these defenses often requires conducting a thorough investigation and building a compelling case for negligence and liability. A knowledgeable Philadelphia slip and fall lawyer can help you understand the strength of your claim and fight back against unfair accusations.
We Are Here for You
Every case is different. The compassionate slip and fall attorneys at Gibbons & Crichton will thoroughly assess your damages and fight for every dollar you deserve. We have a proven record of maximizing our clients’ settlements and jury awards. While we cannot guarantee a specific result, you can trust our team to relentlessly pursue the best possible outcome for you and your family.
Time is of the essence in slip and fall cases. The sooner you contact us, the sooner we can start building your case and pursuing justice on your behalf. If you have been injured in a slip and fall at a store in Philadelphia or the surrounding areas, contact Gibbons & Crichton for consultation. We are here to help you overcome this difficult ordeal and move forward with your life.
