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What is Necessary to Prevail in a Torts claim in a Slip and Fall Accident?


Posted on May 31st, by Maria Ramos in Blog. No Comments

Damage and injury

If you or a loved one has suffered an injury in a slip and fall accident. Before considering a lawsuit for damages in Puerto Rico, the injured party must prove the following elements as part of the cause of action:

  1. The existence of a dangerous condition inside the business which cause the fall. For example, liquid, unevenness in the floor, darkness in place, etc.
  2. The owner of the employee were aware of the dangerous condition.
  3. The existence was reasonably foreseeable to impute knowledge to the owner or the employee.

What is the evidence that can be used to establish negligence?

  • Photos- Take photographs of the scene of the accident, your clothing and shoes and any bruising, cuts, scrapes or required stitches to document your injury.
  • Witnesses– If someone witnesses your fall, try to get their name, address and telephone number.
  • Accident Report- If you suffer injuries in a store, whether a department store or grocery store, make sure you file an accident report. You can do this by asking for the manager. They will then document your version of the accident. This will prove to be valuable in representing you for your injuries. Unless you are unable, make sure you obtain a copy of the accident report before you leave.
  • Evidence- We recommend you save the item that caused your fall. For example, if you slipped on a piece of fruit or a vegetable, place the item in a plastic bag and freeze it. You may also want to safeguard the shoes you were wearing at the time of the fall. These can be placed in a plastic bag and taped shut to preserve any matter stuck to your shoe.

If you are unable to take photographs or obtain any statements, an attorney at Ramos-Artunduaga Law Firm will obtain as much information as possible.

For more information, please make an appointment to consult with an attorney at Ramos-Artunduaga Law Firm at (787) 998-6222

 

 





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