Slip and Fall Case Checklist

Most premises injuries occur as the result of a slip and fall accident. Negligence is the most frequently asserted theory of liability in these cases. Accordingly, our client's must prove that the injury was related to some unreasonably dangerous condition that existing on the premises and that the defendant was either aware of the existence of the hazard or, in the exercise of proper care, should have been aware of the hazard.

The following general checklist may be used in all premises slip and fall cases, regardless of the type of property involved in the accident. Essentially, it traces the major elements of a slip and fall cause of action. We use this checklist during the initial preparation of a case in order to facilitate thorough investigation and discovery.

Background information

• Date and time of accident
• General description of scene
• Weather conditions at the time of the accident
• Prior accidents at the scene
• Accident site photographs
• Drawing or sketch of premises
• Design plans
• Incident report
• Lighting

Plaintiff’s background

• Age
• Occupation
• Handicap or physical deformities
• Use of corrective devices

1. Glasses
2. Shoes

• Prior Civil litigation
• Wearing apparel

Type of property owner

• Residential property

1. Homeowner
2. Landlord-tenant

• Commercial property

1. Retail shopping establishments
2. Hotel-motel
3. Recreational facility
4. Restaurant
5. Public transportation terminal

• Governmental property

1. Local
2. State
3. Federal

Location of the accident

• Floor
• Entryway or exit
• Stairway or step
• Elevator or escalator
• Parking lot

Standard of care

• Injury occurred on or off the premises
• Plaintiff’s status

1. Invitee
2. Licensee
3. Trespasser

• Statutory violations

Ownership and control

• Deed
• Lease or ownership agreement
• License, easement, etc.

Injuries

• Medical reports
• Medical history
• Future medical problems
• Hospitalization-surgical records
• Medication

Maintenance

• Obligation to maintain
• Obligation to inspect
• Cleaning and waxing substances or products used
• Frequency of care and inspection
• General procedure
• Warnings

Standards, codes, specifications

• Official government standards
• National trade association standards
• Local building codes
• Owner’s standards
• Architect’s/engineer’s plans or specifications

Notice

• Length of time defect existed
• Statements of defendant’s employees or agents
• Seriousness of the defective condition
• Who created the defective condition
• Prior lawsuits
• Written or oral complaints about the dangerous condition
• Was dangerous condition discoverable upon inspection?

Expert Witness

• Education
• Experience
• Prior testimony
• Bias
• Publications
• Certifications
• Memberships

Defenses

• Contributory negligence
• Assumption of risk
• Sovereign immunity
• Statute of limitations
• Statutory privilege

Insurance policies

• Amounts
• Coverage
• Umbrella coverage
• Exclusions

Experienced Board Certified Florida Trial Lawyer

Alan Sackrin’s 28 years of experience handling South Florida Injury cases makes him qualified to handle even the most complicated nursing home cases. Alan is a Board Certified trial lawyer which means he is a trial specialist with an emphasis in negligence matters. Alan knows the experts to hire and the compensation to seek. A simple call puts you in contact with a committed, local attorney who will handle all aspects of your matter and work hard to help you receive the compensation that you deserve. If you or a loved one has been injured due to the negligence of another person, contact Alan Sackrin, an experienced Injury Attorney, today for a free consultation.

Free Case Evaluation By An Experienced Slip and Fall Lawyer – Call 954-458-8655

Contact Alan Sackrin to find out how he can help you. You can contact him by phone at 954-458-8655 or by e-mail through this web site to schedule an appointment and learn more about your rights from a Florida injury lawyer. He offers a free initial consultation.

Please feel free to fill out the “Talk With An Attorney” form above for a free case evaluation or to ask any questions.

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• Condominium and HOA Slip and Fall Injuries
• Hotel and Motel Slip and Fall
• Sample Slip and Fall Lawsuit

Learn more about: Slip and Falls