“Cleanup on Aisle Four: Investigating Slips and Falls”

Swift Currie attorneys Yamisi James and Katy Robertson authored an article for the Daily Report emphasizing the importance that premises owners take early action in slip and fall cases.

A well-documented investigation of the incident should occur as the plaintiff’s attorney can take advantage of any failures to collect and document information appropriately, often by filling a suit two years later, but still within the statute of limitations, when favorable evidence like video and witness statements are no longer available.

James and Robertson outlined the steps insureds, carriers and counsel can take to best prepare for potential litigation or settlement. The scene should be fully documented and all evidence collected and saved as soon as the slip and fall occurs. Premises owners should immediately prepare incident reports, save call logs and inspection lists, identify any relevant policies and procedures, and secure statements from witnesses and those with relevant knowledge to the situation.

“While a legal team can outline a client’s defenses once a case is filed or assist in early settlement negotiations in situations of clear liability, the chances of successful defenses or correct valuation and negotiations is best supported by early investigation or preservation by the clients,” said James and Robertson.

To view the full article, click here.