How to Respond to a Slip and Fall Claim
- 1
Provide Help
Your first responsibility is to be a caring human being. You should take steps to care for any injuries and provide care to the person who has just slipped and fell. Show the person compassion and kindness. Offer to call an ambulance. Offer to provide ice or a cold compress. If you feel there is a serious injury involved, do not move the person. Await the paramedics who can better evaluate the person's condition.
By treating a person with empathy, care, and respect, you will often develop a rapport that will curtail future legal animosity. A person who has just had a slip and fall accident is going to be embarrassed and defensive. By helping to put them at ease, you will hopefully garner some future understanding and reasonableness. If the person feels you have treated them badly, you can be assured they will seek future "revenge". The likelihood of a lawsuit goes up many fold.
This does not mean you need to admit fault or take responsibility for the slip and fall. Do not offer to pay for the medical bills or make other compensation. On the other hand, also remember this is not the time to defend yourself or your business to the injured party. Don't make any derogatory statements or accusations. Now is the time to provide the person with basic care and compassion. - 2
After the initial drama of the slip and fall event has passed and the person is stable, it is time to obtain personal information about the injured party.
Information you should gather about the injured party:
+ Full Name
+ Current Address
+ Phone numbers: home, work, mobile
+ Date of Birth
+ Social Security Number (if reluctant, advise that your insurance company needs this for identification purposes)
+ Marital status and dependents
+ Employer information. Also ask if they were working at the time of the slip and fall
+ Complaint of Injury - note specific about cuts, bruises, swelling, pain
+ Determine if anyone was with the person, i.e. family member, friend, co-worker - obtain their information as well
+ Purpose for being on the premises at time of the slip and fall
It is also important to note the type of shoes being worn by the injured party. You may be surprised how often shoe style will be a factor in the ultimate liability determination. Also note if the person was using any type of walking aid or has any type of handicap. Make note if they wore glasses. Note if the person was carrying anything at the time of the loss. - 3
Spill
It is important that you investigate the location where the slip and fall occurred. Make note of any hazards in the area, such as a slippery substance, uneven surface, rug/mat, ice or snow, debris, etc. If there is nothing hazardous, it also important to document this. Take digital photos of the slip and fall scene. Your photos should be both wide views and close views. Note it is best to do this after the injured person has left the scene. Don't humiliate the person by photographing them while they are laying on the ground.
If your business (or home) has security surveillance cameras, check the recording to see if it captured the fall. Even if the cameras did not capture the exact slip and fall event, the details they can provide are often helpful later. Flag the recording, make a copy, and keep it in a safe place. This will be an important piece of evidence.
If the loss occurred outside or weather was a factor, make precise notes of the weather conditions. Note the temperature, any precipitation (rain, ice, or snow), and if it was sunny or cloudy.
Make note of the lighting conditions in the area of the slip and fall. Were there any obstructions to the persons view. If the floor was wet, note if there were "wet floor signs" in the area. - 4). Make sure you gather witness information as soon as possible. If this is a business or public place, a witness may leave unexpectedly. Attempt to get the names, addresses, and phone numbers for any potential witnesses. Even if the person did not see the actual slip and fall, they may be able to provide other pertinant information that will be helpful later.
- 5
Report the slip and fall accident to your insurance carrier as soon as possible. The claims department is well versed in addressing these types of losses. With the information you have gathered, they will be able to properly respond to the loss. - 6). Be prepared for the injured person or their family to return to the scene in the days following the loss. They may ask for your insurance information or demand payment for their medical bills. Explain to them that you have insurance for slip and fall accidents. You have reported this to your carrier and provide them with the claims adjusters contact information. Be polite and ask how they are doing. Make note of whatever new information you may gather, i.e. "the doctor is sending to physical therapy" or "I found out my ankle is broken". Report this to your insurance company. Do not offer to pay for the customer's medical bills or make any promises. The insurance company will address any eventual settlement.
