THE SLIP/TRIP & FALL INJURY

here is no area of liability where the injured person needs to be more personally aware of every detail of the incident than the slip/trip & fall.

The reason slip and fall cases are so difficult, and why I only accept a chosen few, is that Georgia law presumes walking around sense includes watching where you're going, looking actively for hazards and more so if there is unusual obstruction or surface condition in the area, not walking backward without looking, understanding that lettuce leaves are slick to step on and are more likely found in a produce section in a market, understanding that people track rain in on their shoes and some gets on the tile floor at the Burger King, understanding that steps may have lipped edges or that a cracked surfaces may break if weight is put upon them.

The Courts are all over the map on causation and assumption of risk in Georgia rulings and seemingly inconsequential facts can make a huge difference in how the finder of fact (court or jury) affixes liability. Verily, I have experienced great success and horrible outcomes in separate cases with almost identical facts.

More often than not, the client's presence of mind at the time of the incident and making a record as soon as possible after determines the outcome of a case. What happened? Where? What time of day? What was going on in the area? Who witnessed the event. Was there substance that caused the fall? Was there a hidden obstruction? What, if anything, was I carrying? Was an incident report made? With whom did I speak of the incident? Was there some major distraction that diverted (maybe flashing screen display) my attention justifiably just before the incident? How was the lighting? Shadows? What were the people around me saying at the time and who were they?

The rule is--let the person who comes to assist you do the talking and remember what they say. Because of natural emotional, nervous and hormonal release, injuries are often not apparent within a short time following a fall. It is best not to talk about the way you feel to anyone but a doctor right away except to say "I'm still shocked and don't really have a handle on how I feel right now." If you are in any kind of pain, it's ok to say so but you won't know if you have a serious bruise or a knee cap fracture sometimes. Better to say that you'll get yourself checked out and then do it as soon as you can. Do not give written statements without legal advice and do not speak of what you feel with anyone but your doctor and make certain the doctor understands and notes your symptoms and if something doesn't feel quite right that you have difficulty expressing, say so. Write down everyone you saw and everything you said and did in connection with getting assistance for your distress.

Just as personal diligence helps avoid injuries, so may personal attention to detail surrounding an injury producing event make the difference between a case that settles fairly or tries well and one that gets declined by an attorney for lack of apparent productive potential.