Steps to take after a fall in a public place

Transcription

1 Steps to take after a fall in a public place Henry Carus + Associates 1

2 Contents 4 Common situations 8 What to do right away 10 Dealing with those responsible 11 Dealing with the responsible company s insurer 12 Dealing with your medical providers 13 Keeping records 14 Knowing what can be achieved 15 Hiring a good lawyer 16 6 Basic Steps checklist 17 About the author 2 Steps to take after a fall in a public place Henry Carus + Associates 3

3 Common situations Supermarkets and Fruit & Vegetable Stores We never expect to be in an accident, especially something as simple as a fall in a public space. But these types of accidents do happen and it is important that we know what to do when they occur. A person can have a fall at many different locations, including: Supermarkets Fruit & Vegetable Stores Shopping Centres Parking Lots Restaurants Theatres Footpaths Homes Supermarkets and fruit & vegetable stores represent a very common situation, as both locations deal with fresh produce which can easily find itself falling to the ground. Those businesses, in general, have a duty to keep their premises safe, including the areas where produce can fall to the floor. Efforts need to be made to avoid such events (i.e. through proper packaging); to maintain the safety of the floors (i.e. by use of mats); and/or to have systems of inspection to ensure items on the ground are addressed in a timely fashion. A person who falls because something has been left on the ground that is dangerous (for example, a grape) has no way of knowing if the business has met its duty of keeping the premises reasonably safe. To establish this, a qualified lawyer needs to review both the facts and the relevant law. Shopping Centres The same concepts apply to a shopping centre, even if the items on the floor came from a nearby store. The shopping centre will also be asked to have systems of inspection in place to ensure safety and be able to demonstrate that these systems are actually followed. Parking Lots Parking lots at busy locations cause a mixture of challenges to those using them. Slippery items on the ground, from food right through to oil spills from a car or even the actual design of the parking lot, can cause an accident to happen. Many a time such dangers are mixed with inadequate lighting and, in combination, can cause a person to fall. When dealing with parking lots, an open mind is truly needed to understand the dangers presented as one tries to leave and return to their car safely. 4 Steps to take after a fall in a public place Henry Carus + Associates 5

4 Footpaths Footpaths and their dangers are all around us. The law imposes a duty on a Council for such dangers if one has acted reasonably in walking on the footpath. There are many reasons why someone may not have been able to see a footpath defect and these can lead to a valid compensation claim if an accident occurs. Sometimes the footpath damage has been elevated by the acts of others parking their vehicle on the footpath inappropriately, or by the tree roots of a nearby tree and these may create responsibility in others for a fall. Homes Restaurants Restaurants, bars, pubs and other drinking and eating venues all provide their own set of unique dangers. The way the flooring or stairs are presented can create a fall hazard for patrons. Furthermore, patrons may be easily distracted by conversation and/or may also be under the influence of alcohol which has been supplied by the venue. With these factors in mind, such venues have to anticipate a person may not see a danger that is clearly visible in daytime, under controlled settings and without alcohol. Someone s home is a common place for a fall and one filled with both caution and legal issues. Many people are concerned with the consequences of any claim on a friend or family member for a fall at their home. However, it is important to remember that most people have Home and Contents Insurance that covers the claim and will provide assistance to the person injured. The legal questions are all about the danger involved a home owner is not responsible to have a home perfectly safe but many situations can lead to compensation. It is best to have a qualified lawyer look at all the facts to properly advise. When it comes to accidents in a home, we are now seeing more claims dealing with those who are renting an apartment, unit or house. The landlord has significant responsibilities to keep the rented property safe and to respond to complaints in a timely fashion. How all that operates when someone falls - a tenant or visiting guest - is a matter to be considered by a qualified personal injury lawyer. Theatres Many probably have experienced the dangers of a theatre without an accident but generally it is the low lighting as you enter or leave while the film is playing. Such is a common event and theatres need to anticipate with appropriate spot lighting and/or an usher to assist. Other hidden dangers can arise with older venues, and efforts need to be taken to minimize the dangers. 6 Steps to take after a fall in a public place Henry Carus + Associates 7

5 What to do right away Here are our 6 Basic Steps that you should follow immediately if you do experience a fall in a public space: 1 Look to see what has caused you to fall When a fall occurs, it is essential to take a few moments to confirm what has happened. If you slipped, the question that arises is - what did you slip on? If you tripped, the question that arises is - what did you trip on? If you simply stepped and lost your balance, the question that arises is - what may have caused you to do so? If you cannot clearly establish this, it is important to still look around for what may have played a part in your fall. 2 Take a photo of what caused you to fall Once you look around, see if you or someone else can record for you what you have identified a photo using a mobile phone camera would be excellent and it is important to take as many photos as possible. Try to ask someone else to do so for you as you are likely to be in pain and confused. Ask the person to think about what would help a stranger later to understand what has happened. If the fall involves a food item like a grape or spilt oil see if you can also have someone keep your shoes and put them aside for you until you see a personal injury lawyer. 3 Get the names of all witnesses to the accident There may be a number of people that come to your aid, and one or more may have seen what has happened. Please ask them for their contact details, even if it is only to later on send them a thank you card for helping you. It may be vital to have their assistance at a later date if a dispute arises as to how your accident happened, and without their contact details their support would be lost. 4 5 Report the fall to those responsible for the public space The next thing to do is let someone at the place where you fell know you had a fall. Give them a clear statement such as I slipped and fell or I tripped and fell and identify how it happened. Remember you are giving the information so as to ensure they later do not doubt your accident happened in the manner you say. Do not sign any document (especially a Release) that may be given to you by those responsible for the public space General legal advice is not to sign anything until you speak to a good personal injury lawyer. All documents created by a business or insurance company are for their benefit and not for yours. 6 See a Personal Injury Lawyer as soon as possible Initial assessment of the situation and direction as to what evidence is needed requires the insight and experience of a good personal injury lawyer. It is vital that you make an appointment to visit with one as soon as possible. The compensation that can be achieved for a serious injury after a fall can be very supportive, and the scope of that compensation is best managed by a good personal injury lawyer. 8 Steps to take after a fall in a public place Henry Carus + Associates 9

6 Dealing with those responsible Dealing with the responsible company s insurer After your fall, it is likely that representatives of the place where you fell attend to you. The more sophisticated the business involved, the more involved will be their interaction. Many large companies will have established accident procedures, including creating an incident form with details of what was said, seen and done. Please do not sign anything before speaking to a personal injury lawyer. Some businesses will also have CCTV cameras in place to document events in the store. You can ask that they provide you with a copy. Alternatively, your personal injury lawyer can request this for you. Please note that such CCTV footage may only be available for a few days before it is cleared away. It is important that you or your personal injury lawyer act quickly. If the business is sophisticated you are likely to get the attention of their insurance representatives. These individuals are trained to offer you some support (for example, to cover initial medical expenses), to control their exposure for serious compensation and to avoid having you see a good personal injury lawyer. The thought pattern is that most claims can be reduced easier when a person is not represented by a personal injury lawyer. Such a thought pattern is absolutely valid for the interests of the insurance company, but may not be in the best interest of you the injured person. If you can find a personal injury lawyer that you trust, you are more likely to get the level of compensation you deserve. Be extremely wary of any offer to pay you for some expenses on the condition that you sign a waiver of any other rights you may have. Such will likely prevent you from getting fair compensation for any serious injury. 10 Steps to take after a fall in a public place Henry Carus + Associates 11

7 Dealing with your medical provider Keeping your records If injured, you are likely to be in need of hospital, specialist care and care from your general practitioner. They will ask you how you were injured. Think about what happened and pick an expression that you can repeat easily over time, for example I slipped and fell at a supermarket. You do not need to elaborate - just be consistent. Those defending these public spaces try to use inconsistent statements to question how the accident happened. Focus on your medical care and do not worry about the expenses. If someone is responsible, they will be meeting the costs of treatment, including treatment you will need into the future. That is what a good personal injury lawyer is trained to do - use his/her experience and the advice of experts to predict what you will need in the years to come. Start to keep a diary of your activities and expenses. For example: how much you have travelled; how much you have spent on medical treatment, aides and medication; how much you have spent on any outside services to assist you whilst injured. Also keep track of all the hours your family and friends may be giving you to assist with your needs. Their time is valuable and compensation can be sought to reflect that value. If you can appoint a good personal injury lawyer early on, he/ she can go over your situation and advise you of the items you can seek compensation for now, and what you can seek in the future. 12 Steps to take after a fall in a public place Henry Carus + Associates 13

8 Knowing what can be achieved Hiring a good lawyer The compensation process can never restore you to the health you had that one minute before your accident happened. But it can provide strong financial support for you and your family including: A value for your pain and suffering that reflects the change in your life now and into the future. A value for any income you may have lost or will lose in the future. A value for your medical and related expenses, now and into the future. A value for the services you are receiving to assist you, now and into the future, regardless of if you have or have not paid for such services. A value for services you may have previously been providing to another which you cannot continue to do, such as caring for a grandchild. There are many personal injury lawyers out there and you need to find one that is experienced, qualified and is determined to achieve an excellent outcome for you. Such a lawyer can greatly transform the accident to provide support for you. Look around, do your research and hire a good lawyer as soon as possible. Look for one with extensive experience in dealing with accidents that have occurred in a public space as the law in this area is quite specialized. 14 Steps to take after a fall in a public place Henry Carus + Associates 15

9 6 Basic Steps Checklist 6 About Look to see what has caused you to fall Take a photo of what caused you to fall Get the names of all witnesses to the accident Report the fall to those responsible for the public space Do not sign any documents (especially a Release) that may be given to you by those responsible for the public space See a Personal Injury Lawyer as soon as possible If you follow these basic steps, you will vastly enhance the opportunity to obtain compensation for any injuries suffered in the fall. the author Henry Carus is the principal of Henry Carus + Associates - a firm of approximately 30 staff located at four convenient offices. Henry Carus has over 30 years experience which is uniquely placed to assist those injured in a public place. Henry graduated Law School in New York City and practiced law as a trial lawyer in NYC for 10 years. In that time he handled many accidents in a public space as well as acting for a prominent national insurance company. On relocating to Melbourne 20 years ago, Henry worked for a major insurance law firm, Phillips Fox, now known as DLA Piper. He later went on to become an insurance partner at the boutique insurance practice, Ligeti Partners. During these years, Henry acted for major insurers including HIH Insurance, CIC Insurance and AAMI Insurance in public accident claims. His work took him all over Melbourne, around Victoria, across Australia and even back to the USA. Henry eventually took that experience to return to where he had started his legal cases in NYC acting for injured people needing to succeed in their efforts to recover fair and just compensation for accidents caused by the fault of others. Henry Carus + Associates has two accredited specialists in Personal Injury Law in Victoria - Henry Carus and Wendy Kleyn - and is supported by six other lawyers and a team of support staff. Together they have achieved for clients again and again. 16 Steps to take after a fall in a public place Henry Carus + Associates 17

10 Notes YOU DESERVE MORE DISCLAIMER WARNING THIS GUIDE CONTAINS GENERAL ADVICE OR INFORMATION ONLY The information in this Guide is general information only and has been prepared without taking into account your personal situation or needs. You should consider any advice in this Guide in light of your own personal matter before acting on the advice or information given. More importantly, you may wish to consult with a personal injury lawyer before relying on any advice or information in this Guide. If you have been involved in a public accident, or someone close to you has been involved in a public accident, then we strongly recommend that you seek the advice of a specialist personal injury lawyer. Neither Henry Carus + Associates nor the author, Henry Carus, take any responsibility for any decision you may make acting on the advice or information given in this Guide, unless you decide to consult our firm and obtain such advice and information that we say would be helpful to your specific situation. 18 Steps to take after a fall in a public place

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