Does An Accident Report Have To Be Filled Out At The Time Of The Injury?
The answer is no. For slip and falls, unlike automobile accidents, there isn’t a requirement for there to be a police report or any other type of report to be filed. While filing a report is not required, it is a really good idea to do so. It is the obligation of the injured party to request that a report be filed.
Since the injured party will have the burden of proving that the owner is liable for the accident, it will be easier to prove so with a report on file.
Can A Building Owner’s Violation Of The Code Ever Be Used To Help Win A Slip And Fall Case?
To establish liability, an injured party must prove that the property owner did not provide a reasonably safe environment, as expected by law. There is a set of laws that apply particularly to properties or buildings, and that must be followed to maintain a safe property. Examples of these laws and codes include requirements for handrails on stairs, requirements for step height, and regulations for the tread on the stairs. Another example of such laws or codes is appropriate lighting. If a property owner does not follow these laws, they may be liable for accidents on their property.
If I’m Injured In A Slip And Fall Or Trip And Fall Accident While Trespassing On Someone’s Property, Could I Still Receive Compensation?
These type of situations are complicated. A property owner has a duty to ensure their property is reasonably safe. However, they only owe that duty to people who are expected and allowed to be on the property. Therefore, a trespasser is not owed such a duty from the property owner. However, if the property owner is aware that people are using the property, even if they are not invited, the owner has the responsibility to maintain a safe environment. An example of this situation is as follows: If your business is in a business complex, and people regularly walk through your property as a shortcut to reach another business, you have notice of their use of your property, and you are expected to make sure your property is safe.
Another exception to the trespassing rule is children, because children are not expected to know what the trespassing laws are, and therefore, if a child is hurt on somebody else’s property, they would have the opportunity to recover for their damages.