What Are The Important Pieces Of Evidence In Slip And Fall Cases?
Posted on October 20, 2021 in Premises Liability
If you have been the victim of a slip and fall accident, you may be wondering if you have a legal case. When you fall due to a hazardous condition on someone else’s property, it can be the case that the property owner has breached their duty of care to you as a visitor and is therefore responsible. Premise liability lawyers will be able to evaluate the facts of your case and advise on the best legal course.
However, simply establishing that you have a case is not enough. You will need evidence to back up your claims. In this article, we guide you through the important pieces of evidence to present in slip and fall cases.
Not every slip and fall accident is the fault of the property owner, but when it is, it is on the plaintiff to prove the four following aspects:
- That the property owner had a duty of care towards you
- That this duty of care was breached by the unsafe condition that caused you to slip and fall
- That the cause of your fall was linked to the unsafe condition, whether directly or indirectly
- That harm or damage had been caused to you
When gathering evidence, the focus is usually on the hazardous condition that caused your fall. In most cases, you would have to prove that the property owner was aware of this condition at the time. This evidence can come in the form of photos and videos, CCTV footage, as well as eyewitness testimonies. For instance, if you slipped and fell at the entranceway of a café, the employees may be able to vouch for the condition of the property at that time.
Another crucial piece of evidence is medical documentation. After a slip and fall accident, you should seek timely medical attention for your injuries, especially if they are serious. It will also help to get a doctor’s testimony on how your future quality of life will be affected. From broken bones to traumatic head injuries, you should ensure that a medical record has been left behind. If you fail to do so, the property owner can claim that your injuries were caused by unrelated reasons. This will leave you in a difficult position to prove otherwise, especially if weeks or months have passed since the accident.
Let Pazer, Epstein, Jaffe & Fein Assist with Evidence Gathering for Your Slip and Fall Case
After a slip and fall accident, you may wish to focus on recuperating from your injuries and any trauma you have experienced. When you engage the premise liability lawyers at Pazer, Epstein, Jaffe & Fein, P.C. to advocate in your best interests, you can be assured that we will be there for you every step of the way. We can assist with evidence gathering, including engaging expert witnesses if necessary.
Looking for a trusted personal injury lawyer in New York? Call our New York number: (212) 847-5007 or Long Island number: (718) 954-9986 to schedule a free consultation with us today.