What do I do if I am in this situation?

First and foremost, always consider your health and well-being. Seek medical attention without delay. If there were no witnesses to the incident, tell the property owner what occurred as soon as possible. If someone else witnessed your injury, ask them to report what they know to the owner while you are having the injury taken care of.
In general, it may be helpful to gather copies of all the documentation possible. Here are a few things to think about in this process:
 
  • Take photos (or have the medical facility photograph) your injuries. Try to get the injury from as many angles and with as much light as possible. There can never be “too many” photos if the case goes to litigation.
  • Take photos of the site where the injury occurred, from as many angles and as clear as possible. Try to get maximum information into the photos – every foot of area you capture could help your attorney in court.
  • Write up an “incident report” in your own words of what happened. It doesn’t need to be in formal language, but jot down as many details as you can. This could be vital to reconstructing the event later.

Remember: If the claim goes to litigation, your lawyer will value photographic evidence and any documentation from witnesses which assist in event re-creation. Make sure the attorney is provided the company name for the medical care providers, and the name any witnesses, management, or personnel involved on the date of the incident. These details are especially important if the injury has occurred to your child as childhood injuries sometimes involve more intensity and potential complications than adult injuries.