A: Pennsylvania and New Jersey slip and fall accident law does not require a plaintiff to have a copy of the incident report prior to filing a lawsuit. In fact, if an incident report was even created, it will be exchanged during the discovery process in the case, well after the lawsuit is filed.
Also, in many slip and fall accident situations, store management will not even create an incident report. This does not mean the case will be unsuccessful. It is important to note that slip and fall cases are usually contested because liability is hardly ever clear in such cases. While incident reports can be helpful to establish liability, they are by no means necessary. Other evidence can help to establish liability, such as an EMT report in which an emergency medical technician mentions what the plaintiff reported about how the accident occurred. Read more about the importance of medical records in a fall down accident case.
- The Timeline of a Slip & Fall Lawsuit in Philadelphia
- Discovery in an Accident or Injury Lawsuit in Philadelphia – What to Expect (Part 2)
- Filing an Accident or Injury Lawsuit in Philadelphia – What to Expect (Part 1)
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