While you must always look where you are walking, there are times when someone else fails to follow a safety rule which may result in a defect or danger like a hole, uneven pavement or ice. If you fall and are injured, it’s very important to document the dangerous condition as soon as you can after the incident.
1) Take photos with a camera or phone as soon as possible, or ask someone else to do so. If you have a newspaper to place in the photo, this helps establish the date the photo was taken. If you have a ruler in the photo showing the height or depth of the defect, that’s always helpful as well.
2) Report the condition and the fall as soon as you can to the owner of the premises or the police.
3) Note the names and addresses of all potential witnesses to the fall or the condition that caused the fall.
4) Make sure you accurately report to the ambulance personnel and hospital and medical providers what happened.
5) Ask that a warning cone or sign be put out so no one else gets injured.
If you report and document the danger, you will have a much better chance of a legal recovery. Potential defendants may quickly fix the problem to try and avoid liability. If you do not have any evidence of the defect that caused you to fall or the identity of any witnesses, then your chances of a legal recovery are diminished.