Whoever is the victim in this type of accident, will have the full right to request financial compensation, with the aim of achieving reparation for the damage received as a result of the negligent activity of third parties.
Commercial places that are normally open to the public are parks, hotels, supermarkets and shops. But in most cases, the safety regulations are violated, and we can find several dangerous elements, such as:
- Steps not marked or in twilight zone due to poor lighting
- Slopes in the pavement
- Puddles or slippery surfaces
- Raised tiles
Any of these elements can cause serious injuries and as a result of falls, trauma that must be treated with surgery or physiotherapy for a long period of time.
What is tort liability
So, if you have suffered injuries due to a fall in commercial places and as a result of poor maintenance to faulty facilities, then you are within your right to claim compensation through an action called “tort liability”.
In this and many other cases of personal injury incidents, the expenses for injuries suffered may be included in the amount requested as reimbursement, among them are: medical bills, transportation expenses to hospital centers, physiotherapy fees, medicines.
Other expenses that can be included at the time of the accident, with the advice of personal injury lawyers, in the reimbursement bill is the loss of sunglasses, your broken phone, among others.
Requirements for tort liability
The first is the existence of a negligent action which can be attributed to the agent causing the damage. That is, a food sales company (supermarket), for example, does not indicate that there is a puddle in one of the aisles, this would be taken as negligence. The above would cause the fall and possibly an injury to any buyer.
In the second position we find the damage or fault that, continuing with the previous example, would be the omission of not warning passersby about the puddle and that the incident occurs, this would be evidence that life and integrity have been endangered visitor physics.
Finally, there is the causal link between the wrongful action and the harmful result. That is to say, for example, the culpable action is the lack of signs indicating that the floor is damp (or wet) and as a harmful result would be the injuries caused by the fall.
Documentary evidence of falls in public centers
So, when we are victims of a fall of this type, it’s important to verify through documents that the fall was caused by the lack of safe conditions for access and free movement of individuals in commercial establishments.
On the other hand, these documentary tests consist of the compilation of different steps, let’s see what they are below.
At the time of the fall
It is necessary to make a claim instantly at the commercial establishment so that the accident is recorded. This complaint can be made by both the victim and any other person accompanying him at that moment. In addition, it’s also important to take pictures of the item that caused the fall.
If you have made a purchase at the scene of the incident or have had dinner at that location, it’s necessary that you keep the invoice. Similarly, if there are witnesses present, you must ask for their personal data: such as telephone number, ID and full name, since if you need to file a claim they can testify about the events.
Disability to move
In case you cannot move after the fall, it’s necessary to request the help of an ambulance or taxi services and also, keep the payment ticket asking the driver to make the journey they have traveled.
On the other hand, if you do not need any type of surgery or surgical intervention, you should go to a doctor who specializes in injuries to make a detailed report of your wounds.
Likewise, an expert report can prove that the fall was a consequence of the lack of compliance with the safety obligations against the risk of falls by the owner of the business establishment.