Personal Injury Law

New York Slip And Fall-Preserving Evidence Key To Successful Outcome

By Mark Siesel, Esq.

If you are injured in a New York slip and fall accident or accident involving dangerous premises, it is vital that you get as much evidence as possible while in the store to win in Court or obtain a good settlement. Some examples:

1. Insist on providing a written report to the manager or supervisor of the store or establishment, which you review before signing, and get a copy of that report;

2. When reporting an accident, do not allow the store representative to put words in your mouth (which they love to do) such as that you were looking at the shelves, not the floor, or you were distracted by a child or a cellphone;

3. If you slipped on a substance and there is an open bottle, write down the name of the product. If you slipped or tripped on an item sold in the store, secure this item as it will be of critical importance if your case reaches trial;

4. Take photographs of the accident scene on a cellphone or better yet, a digital camera if you are fortunate enough to have one with you;

5. Obtain the names, addresses, phone numbers and e-mail addresses of any witnesses to the accident;

6. Don't refuse medical attention if you are injured--take them up on their offer to call an ambulance for you. We have many cases in our office in which the client refused medical attention initially, which is a frequent defense of the insurance carriers for these owners of dangerous premises;

7. Take photographs of any visible injuries such as bruising, swelling, and bleeding;

8. Preserve intact any clothing which has been damaged, torn or has blood stains or stains from a spilled substance;

9. Maintain a diary of how the accident has affected your life, documenting pain, loss of range of motion, inability to perform activities of daily living, doctor's appointments, and the loss of enjoyment of hobbies and sports that you would normally engage in.

Full post as published by New York Legal Blog on February 01, 2010 (boomark / email).