Injuries from a severe trip and fall can impact your physical, emotional, and financial health for years. However, if you fell on another’s property due to a lack of maintenance, you could recover compensation. Completing a trip and fall incident report is a crucial step that protects your rights and can qualify you for a payout. The document can provide vital proof of:
- Your injuries
- The dangerous condition causing your fall
- How the hazard caused the fall and your injuries
Morgan & Morgan can help you get your life back on track after getting hurt. Our tenacious slip and fall lawyers have helped thousands of injured victims recover the compensation they needed and could help you too. Get in touch now for a free case review to discover your legal options.
Reporting a Trip and Fall Incident Correctly
When falls cause significant injuries, you must get medical help immediately and notify the management or owner of the property where the accident occurred. Reporting the incident can be vital for getting what you deserve, particularly if the injuries are severe. A report creates a record that can be essential evidence in a claim or lawsuit. Here are some tips on how to report a trip and fall incident:
Trips and Falls at Work
According to the National Safety Council (NSC), falls are the second leading cause of work deaths. Those working in the construction industry and warehousing can be at a particularly high risk of getting injured in trips and falls.
If you experience a fall accident at work, notify your supervisor or manager as soon as possible and file an incident report. You may be able to file a workers’ compensation claim and collect benefits. In many states, workers must report their injury within a certain timeframe, typically within a month. Failing to do so could jeopardize your workers’ comp medical and wage replacement benefits.
Falls in Apartments and Private Homes
Property owners, including landlords, must make their premises reasonably safe for residents and visitors. Common areas should be free of tripping hazards that could cause injury. If an incident occurs in an apartment complex or private home, victims must report falls to the entity responsible for maintaining the premises, which can include:
- The homeowner or renter if the fall occurred inside the property
- The landlord if the incident occurred in a common area
- A homeowners’ association if the accident happened in a neighborhood
However, while reporting the accident to the responsible party is critical, you should also contact the relevant insurance company, as homeowners’ insurance may cover damages in slip and fall accidents. If a homeowner or landlord is uncooperative and does not provide you with the relevant insurance information, a slip and fall lawyer at Morgan & Morgan can help.
Slips and Falls in Stores and Other Businesses
If your fall occurred in a business, such as a retail store or hotel, notify a manager or owner immediately and ask to fill out an accident report. Most establishments have pre-printed reports available for such circumstances. The document will prompt you to provide all the vital information, such as your contact details and the time and date of your fall. Ensure to include any pain or suspected injuries in the report. Remember to ask for a copy for your records.
If the owner or manager does not provide you with a report template, you can draft your own written statement.
How to Write a Trip and Fall Incident Report
Ideally, victims should complete a trip and fall incident report while still on the premises. However, if you are seriously injured, this may not be possible. In that case, try to complete the document as soon as you can, as the incident report could be essential for your compensation claim.
If you tripped and fell at a grocery store or restaurant, the manager might supply you with an accident report template that you can fill in. However, if your fall happened elsewhere, you might have to draft the document yourself from scratch.
Crucial Information to Include in the Report
When completing your trip and fall incident report, make sure not to omit any details, no matter how insignificant they may seem. Describe the events leading to your fall as accurately as possible. Ensure to include the following facts:
- Your details (name and contact details)
- The time, date, and precise location of your fall
- Weather and environmental conditions
- Contact details of any witnesses or employees present during your incident
- Details of all injuries you suffered in the fall
- The events leading up to your trip and fall
- The hazard causing the accident (a spill, cracked flooring, lack of lighting, etc.)
- Any other information you consider critical
Write down the accident details promptly, ideally on the day of your fall. Memories fade and change over time. Getting the information on paper immediately after the incident can help with your compensation claim, as you might forget critical details in the days and weeks after the fall.
Retain a Copy of the Report
Once you finish your report, ensure to retain a copy and keep it with all the other essential documents for your claim, such as your medical records. If the property owner refuses to give you a copy, scan the report with your phone or take a picture, ensuring the photo is clear and legible.
If you did not receive a copy of the incident report, an attorney could help you recover the document. During a lawsuit, your lawyer can request a copy of the report from the defendant via a subpoena, a court order requiring individuals to provide specific documents.
Failing to File an Incident Report Could Sabotage Your Claim
Even if your injuries are only minor, consider completing an incident report to protect your rights. The report could be critical for getting fair compensation if someone else is responsible for your injuries and losses. Unfortunately, insurance companies usually try to minimize or deny claims. Without an incident report, they may try to dispute that the trip and fall accident happened or claim that your injuries are unrelated.
Filing a report weeks after your fall can raise suspicions and give the other side ammunition for fighting your claim. Failing to file an incident report can significantly decrease your chances of recovering fair compensation.
Injuries in Trip and Fall Accidents
While some individuals walk away from a fall without significant injuries, others suffer life-changing consequences. Older adults, in particular, are at risk of more significant injuries that could interfere with their mobility and independence. According to the Centers for Disease Control and Prevention (CDC), one in five falls causes fractures, head injuries, and other notable injuries. Common injuries in trips and falls can include:
- Dislocated joints
- Broken bones
- Cuts and bruises
- Lacerations
- Concussions and other head injuries
- Internal bleeding
- Spinal cord damage
- Facial and dental injuries
If you got hurt in a slip and fall, seek legal advice as soon as possible. Our slip and fall lawyers can help you get justice and compensation if someone else is responsible for your injuries.