What to do When You’ve Experienced a Slip and Fall
With the hustle and bustle of the season and the ever building ice due to Montana weather the
chances of a slip and fall are greater now more than ever.
If you’ve been the victim of a fall due to someone else’s negligence and if you have injuries as a
result we encourage you to get help right away.
1. Seek Medical Attention
Your first priority needs to be your safety and well-being. Consulting a doctor will not only get
you on the mend but it also allows for a documentation of your injuries. This is imperative if you
plan to seek compensation for the costs associated with injury caused. The defense may try to
dismiss your injury claiming that it took place prior to when it actually did so having an expert
and their medical expertise on your side will be to your advantage.
2. Document the Scene
Did the establishment neglect to put salt out on the ice to begin the melting process? Did the
walkway not get shoveled or did ice form inside the door of a store? Maybe a holiday display
was put in a location that caused tripping.
It is important to identify what caused your fall and then to document that cause. Simple cell-
phone photos can be the perfect evidence in a trial. Although juries do their best to listen to the
audible re-creation of the scene having tangible evidence is superior.
3. Identify Witnesses
Did you fall with other shoppers in your presence? Were there several employees nearby when
the accident took place. Ask for the names and contact people of witnesses present. Your
attorney can use this information to get back in touch with them to help you prove your case.
4. Begin a Written Account of the Event
When Traumatic events occur it is easy for details to fall off of the list of priorities. As soon as
the accident takes place begin a journal of everything. The pain incurred, the doctors you visited
with, any new symptoms.It is helpful to also include the narrative of how the events played out. What was your reaction
when you realized you were going to fall? How did those around you react? Who was there?
What did they say?
The more details the better.
5. Contact an Attorney Right Away
As soon as a slip and fall injury takes place there are reports to fill out and steps to take to build
your case. Missing these steps could cause you to lose. By contacting an attorney in short
order, they will ensure that all of the proper steps are being taken to legally protect you. That
way you can take care of your body and they can take care of the paperwork.
Finally, in Montana there are two things to keep in mind if you are the victim of a slip and fall:
- Comparative Negligence
In the Treasure State comparative negligence rules exist. They declare that if a person is
responsible for an accident his or her compensation for injuries and damages will decrease by
the amount they were at fault. If you fell because you were not looking where you were going
and you tripped on something you may still be rewarded but it will be less because you can be
found partially at fault.
2. Advance Payments
Also unique to Montana are our Ridley and Dubray laws stating that when liability is reasonably
expenses can be paid prior to the case’s settlement. This will likely be the case for clearly at-
fault slip and fall cases.
Payments for slip and falls are determined by a formula that takes into consideration the
conditions etc. so it is imperative to have a well-qualified personal injury attorney on your side.
Visit with our team today to allow them to assist you.