The Documents Required by an Attorney When Initiating a Slip and Fall Case

Interviewer: If I have been in a slip and fall situation, what are some things that I should bring to you?

Richard Sailer:  You should bring any accident report or any information on an employee, a manager, or anybody that you spoke to at the store. Additionally, you should bring any information if you knew who the owner of the property is, if you have any medical records, or any witness information that would be required. If it is a blind claim, you should at least have a receipt to show that you made a purchase at a certain date and time. A receipt will give us the ability to try to isolate when you were at the store and try to find out who was on duty at that particular time to look for witnesses. If there was a spill, it would have been cleaned up by somebody at some point in time. Hopefully we can go back and re-establish the records and figure out what happened.

 

The Potential Timeframe of Resolution for a Premises Liability Case

Interviewer: How long can one of these premises liability case potentially last?

Richard Sailer:  It is a two year statute of limitations, so you get two years to either have your claim settled or get a lawsuit filed. If it is a situation where you file a lawsuit and it does not settle prior to trial, you are at the mercy of the courts system in terms of getting a trial date. Each circumstance is different; sometimes they settle very quickly, sometimes they’re very lengthy.

 

An Attorney Can Relieve the Hassles Faced by a Client Litigating a Slip and Fall Case

Interviewer: Is there anything that you or I can do to help expedite the whole process?

Richard Sailer:  We can ascertain the surveillance video, find out who was on duty at that particular date and time, and potentially interview witnesses. However, I don’t know if there is anything that the attorney can do to expedite the process, but we can alleviate a lot of the headache and frustration dealing with it.

 

A Store Employee Who Witnessed the Slip and Fall Would be an Example of a Good Witness

Interviewer: Who would be the best example of a good witness?

Richard Sailer:  A good witness ideally would be someone in ownership or control of the premise. A good witness could also be a store clerk, manager, or employee who saw you fall to the ground and are willing to speak out and be a witness. That’s a lot more preferable than a family member or a friend who may have some bias.

 

Pictures Constitute an Important Piece of Evidence in Premises Liability Cases

Interviewer: Would it help to take pictures?

Richard Sailer:  It definitely helps to take pictures. When I get calls for slip and falls or trip and falls, the first thing I ask is if there are any photographs. I’ll even ask the person if they can email or text me the photos so I can look at it right when I am talking to them to determine whether or not I believe they have a case.