Should I File an Incident Report After Falling at a Texas Business?
If you have fallen at a Texas business, chances are an employee of that business will ask you to sign an incident report. If you have sustained an injury, it is typically best to refrain from signing any paperwork until you have retained an attorney.
What Is an Incident Report?
An incident report, also called an accident report, is a report formally recording the facts related to an accident or injury. While you do want to make sure that your incident is reported to management, you may not want to sign any paperwork you are presented with.
A few things to consider when an incident report is presented to you are:
- Is the report in your writing or is it someone else’s account of how the accident happened?
- Does the report accurately detail your accident and injuries?
- Is the manager being pushy or trying to intimidate you into signing the report?
- Could the business be trying to limit their liability for you accident and injuries?
- Are you aware of the full extent of your injuries?
Remember, the manager’s primary concern is the financial well-being of his employer, not the physical well-being of you the customer. They have been trained to get information that can help protect the store; therefore, it is vital that you protect yourself.
What Should I Do If I’ve Been Involved in an Accident at a Texas Business?
If you have been injured in an accident at a Texas business, Taking the following steps can help build your premises liability claim.
- Seek medical attention. If you or a loved one sustained injuries due to a slip and fall accident, the most important thing to do is to get treatment. This takes precedence over all other items.
- Report the incident. Report the incident as soon as possible. Reports can be made to a manager or a property owner. Restrict your report to your name, contact information, and address. Do not provide an official statement.
- Take pictures. Take pictures of where the accident happened. Evidence can be removed, so the sooner this is done, the better.
- Get contact information for any witnesses. If anyone witnessed the accident, get their names and phone numbers. Their insight may help prove your claim.
- Call an experienced injury attorney. Thomas J. Henry has the experience and resources necessary to retrieve the compensation you deserve for your injuries
When Can I Sue a Business or Store Owner?
If you are visiting a business as a customer, then you are considered and invitee and the property owner owes you a duty of care. Part of this duty of care is that the owner must exercise ordinary care to keep the premises safe for invitees. This includes protecting invitees from any dangerous conditions the owner knows about or should reasonably know about as well as inspecting the property and either fixing or warning invitees about any dangerous conditions.
For example, in a situation in which liquid was spilled, the store would either have to clean up the spill in a timely manner or provide notification, such as a “Caution: Wet Floor” sign, to invitees provided the spill was known about or should have reasonably been known about.
If you feel that your injury was the result of a business owner’s failure to fulfill a reasonable duty of care, then you may be entitled to compensation.
What Are Common Causes of Premises Liability Accidents?
Among the leading causes of premises liability accidents that occur at business are:
- Slip and fall
- Elevator and escalator injuries
- Shelve collapses
- Stair collapses
When suing for a premises liability accident, the hazard must not have been open and obvious to the shopper. That is, the shopper, like all individuals, stall has a duty to keep a look out for where they are walking.
Contact an Experienced Premises Liability Attorney
Because of careless property owners, many people will suffer catastrophic injuries such as brain injuries or spinal cord injuries. The nature of many injuries which occur on dangerous property can be more than painful- they can be permanent.
Do not let your injuries overwhelm your life. If you have been seriously injured as a result of a condition or the use of real property, contact Thomas J. Henry Injury Attorneys. As your premises liability lawyer, we will secure proper medical care and fight to make sure you receive proper compensation. We are available 24/7, nights and weekends and we represent clients/victims all over the country.