After a slip and fall on someone else’s property, what happens if the property owner throws a wrench into your ability to get compensation for your injury by not only refusing to accept liability, but instead blaming you for the accident?

This scenario happens more often than you think, and it can lead to a major headache for victims and their families. Property owners who victim-blame are often looking to reduce or eliminate their own liability, especially when they lack proper insurance or don’t want to pay increased premiums. However, you still have options for correctly assigning fault to them and getting the compensation you deserve.

Keep reading to learn how to protect yourself and your rights when a property owner points their finger at you after you get injured on their premises.

5 Steps to Take to Protect Your Rights

It can be shocking to be blamed by a property owner after an injury—especially if you believe it’s clear that dangerous conditions on their property contributed to or caused your injury. Fortunately, taking the right steps can disarm their arguments.

If you suspect a property owner might blame you for your slip-and-fall injury, you should:

1. Stay Calm and Document Everything: Note the date, time, and location of your fall. Describe the dangerous conditions (wet floor, uneven pavement, etc.) you encountered and what led to your fall. Take pictures of the hazard that caused your slip-and-fall and the surrounding area. If people witnessed your fall, get their names and contact details, including phone number and email address.
2. Report Your Fall: Inform the property owner about the fall. If your fall happened at a commercial establishment such as a store, bar, restaurant, or hotel, request an official incident report of your fall and take a copy for your records. If the property owner isn’t available, ensure your injury is reported to an authority figure present at the property such as a supervisor or manager.
3. Seek Medical Attention: Even if your injuries seem minor, see a doctor. Documenting your injuries can link them directly to the fall. Keep records of all treatments and follow-up appointments to further prove how your fall resulted in needing medical treating, lost wages, and pain and suffering.
4. Avoid Discussing Fault: Be cautious about discussing the incident, especially on social media or with people who know or may know the property owner. In addition, avoid speaking with the property owner or their insurance company after you report your fall. They may use your own words against you to blame you for your fall. Instead, direct the property owner and insurance company to speak to your lawyer.
5. Consult a Lawyer: An experienced Oklahoma City slip-and-fall injury attorney can help you understand your rights, gather evidence, and negotiate with the property owner or their insurer.They will help establish the property owner’s negligence and show how they failed to maintain safe conditions.

What Happens if I’m Ruled Partially at Fault?

In some cases, property owners blaming slip-and-fall victims for their injuries may have some legal standing. However, even if you’re found to be partially at fault for your injury, you may still be eligible to receive some compensation.

In Oklahoma, if you’re found partially at fault for your slip-and-fall injury, the state’s modified comparative negligence law applies. This means your compensation will be reduced by your percentage of fault.

For example, if you’re ruled 20% responsible for your slip-and-fall injury and your total damages amount to $10,000, your compensation would be reduced by 20%, leaving you with $8,000. However, if you’re found to be 50% or more at fault, you are barred from recovering any compensation. An experienced lawyer can help reduce the amount of fault you are assigned to help maximize the compensation you can receive.

Contact Our Oklahoma City Slip-and-Fall Injury Lawyers

As with any personal injury claim, successful slip-and-fall claims are all about collecting and presenting compelling evidence. At Parrish DeVaughn Injury Lawyers, we know how to quickly disarm baseless accusations against our clients when property owners wrongfully blame them for injuries caused by dangerous property conditions.

If you’re ruled partially at fault for your slip-and-fall injury, we’ll review all available evidence to increase your compensation by reducing or eliminating your level of fault. It’s our goal to ensure you get the biggest possible settlement to aid in your recovery during this difficult time.

Trust our experience and dedication to our clients. Contact us today for a free case review.