There is a risk of injury everywhere. That’s not an alarmist position; it’s the practical realities of navigating through the world. It is why we might grip a handrail when walking down steps or step on a bathmat when getting out of the shower. We understand the risks of stairs and wet floors at home and take the necessary precautions to minimize the risk of an accident.
What happens when you encounter those same kinds of risks outside your home? The expectation is that the property owner will remove those risks.
When they fail to do so, and you get into a slip and fall accident in a hotel or restaurant, you are dealing with a potential case of premises liability, and that entitles you to seek compensation for any of your financial losses.
What to Do Immediately After the Incident
In order to seek that compensation, you will benefit from speaking with the skilled Lanham slip and fall lawyers working at GDH Law. We have assisted many clients who have suffered injuries due to a property owner’s negligence. These types of claims are often a challenge to prove.
That’s why there are specific actions you need to take after a slip and fall accident in a hotel or restaurant to fortify your claim. Here’s what should happen immediately after the incident:
Report the Accident
You need to immediately notify the hotel or restaurant management of the accident. Even if you are able to get back up and walk away from the establishment, you need to report the incident in order to establish a record of the incident. If you leave and report the accident days later, it might be hard to verify your claim.
Seek Medical Attention
It is vital to seek medical attention right away. You will know the points of impact from the fall.
Those are the areas that might need X-ray or other immediate treatment. Certain injuries might not manifest for days after the accident, but it’s vital to start the medical records.
Document the Scene
Just as with any type of accident, you need to document the scene. That means taking pictures or videos of the hazardous condition that triggered the fall. This type of documentation is critical to gather before you leave the property.
Collect Witness Information
If there are any witnesses to the accident, you need to get their contact information. If possible, you can also get a video statement right on the spot. That will help secure the memory.
What Are the Legal Considerations After a Slip and Fall Accident?
In the days following a slip and fall accident, the medical bills will start to accumulate. If the injuries keep you out of work, there are the lost wages that you also have to deal with. In order to obtain compensation for those losses, you’ll need to file a claim with the property owner’s insurance carrier.
That will mean the property owner will have to admit to being negligent, which is always complex. That is why you need to consider retaining an attorney who can step in as your advocate.
In order to prevail in your claim, you and your attorney need to prove that the property owner was negligent because they should have known about the dangerous condition and they failed to take any action to fix the problem.
It is also important to meet any filing deadlines. In Maryland, the statute of limitations is three years. That might seem like a long time, but when you factor in the delays that might come from the property owner and the insurance company, the time will go by fast. Your attorney will ensure you file on time.
Moving to a Civil Lawsuit
There might be a reason to move the claim from negotiation with the insurance company to presenting the case to a jury.
That might happen if the insurance company denies the claim or they offer an amount that won’t come close to covering your losses. Filing a civil complaint will delay resolution of the case, but it may also yield a more favorable outcome.
A civil complaint also puts the insurance company and property owner on notice that you have no intention of backing down. When you have GDH Law in your corner, you’ll have a strong fighter dedicated to helping you get the maximum amount you’re due. Our support begins with a free case review where we can answer all your questions about the best way forward.
Call to schedule that talk today.