Have you been injured as a result of a slip and fall accident? If your injury was a result of negligence of the property owner and/or manager, you may be able to make a claim for compensation for your injuries. You will, however, have to provide evidence to support your claim.
The burden of proof
As the plaintiff in a slip and fall case, you have the burden of proof. This means that you are required to present the court with evidence that supports your claim. This evidence should show that the defendant was negligent and this negligence contributed to the accident.
Evidence for slip and fall accidents must be gathered as soon as possible after the accident. In many cases, evidence is likely to be tampered with if not collected immediately after the accident.
Important evidence for slip and fall claims
In order to show that the owner or management of the premises where the accident occurred was negligent and therefore responsible for your injuries, you must present evidence of a dangerous condition. You must also show that the owner or manager was aware or should have been aware of the dangerous condition and failed to take reasonable action to correct the situation.
You should work on obtaining the following types of evidence with the help of your attorney:
- Photographs of the scene – These should include photos of the hazard. (Both up close and from a distance and multiple angles.) These photos should be taken immediately after the accident before any changes are made to ameliorate the dangerous condition. These photos may be taken by witnesses or the victims of the accident.
- Eyewitness testimony – This is vital for verifying your side of the story. The witnesses can testify to the fact that there was a hazardous condition and no warning signs. If you can, or if you have a friend with you who can, use your cell phone to take videos of witnesses as they describe what happened. Also, be sure to gather their contact information so you and your attorney can follow up later.
- Documentation related to the accident – These can be obtained through discovery, which your attorney will do once you have retained a law firm to represent you. Documents may include maintenance logs, inspection reports, incident reports and other such documents that may have a record of the hazardous condition or the accident. Discovery can help you unearth crucial evidence for your claim. This may include video footage from surveillance cameras, safety manuals and much more.
- Expert testimony – Expert testimony is vital for supporting your claim. The experts may be able to reconstruct the accident to show how it occurred and verify your story. These may include doctors and engineers. Again, your attorney will work on this aspect of your case.
If you or someone you love has been injured in a slip and fall accident, contact an experienced personal injury law firm today.