The elusive "accident report" that is taken down by most slip and fall incidents involving stores, property owner, commercial property places and the like is not always given to the slip and fall victim. While it is true that most businesses that open themselves to the public like retail stores have in place a policy to take down information when someone is injured on their property, they usually refuse to give a copy of this "accident report" to the slip/trip and fall victim. Well, this blog and accompanying video is designed to let folks know about this and some of things they can do to get copy of said report.
First of all, ALWAYS ask for a copy. Maybe 10% of time you will get a copy just because you asked for one. Second, the property owner is not required to give you a copy as it is their "work product" to document the claim. Knowing this, I have seen some clever clients take a picture of the accident report with their smart phones when they are given it to sign - most of the time, the store owner or property owner will have you "sign a copy." This is a great opportunity to snap a quick picture of it. Accident reports are great because sometimes your lawyer can help bolster a theory of liabilty from what was in the report. I have had property based liability cases (slip and fall, injuries on commercial property) where the theory of fault (liability) is clearly stated on said report. It is a very useful tool indeed to have a picture or copy of your accident report should you find yourself on the receiving end of a slip/trip and fall injury.
Call me any time with legal questions on these type of claims in California at (619) 813-7955! I welcome calls ALWAYS! If I don't take your case, I will try my very best to point you in the right direction with your injury claim!