Slip and fall accidents can happen to anyone at any time. While most of these accidents may result from our negligence, there are cases where these accidents and the subsequent injuries are caused due to someone else’s negligence. These accidents tend to occur at places that have dangerous conditions that may be a result of negligence on part of the owner of the property.
While these accidents might seem like small figures when viewed through a purely statistical lens, the fact remains that slip and fall accidents can result in grave injuries that can have serious, life-long consequences. Therefore, it is very important to know what your rights are as well as the importance forms of evidence you will need to provide when filing an accident claim if you experience a slip and fall accident on someone else’s property.
Pursuing a Lawsuit
If you incur injuries at public or private property, you can sue for damages and pursue financial compensation through legal channels. The compensation you obtain through a lawsuit can go a long way in taking the financial burden off your shoulders regarding your injuries, hospital bills, medication costs, physical therapy charges, and more. You can also sue for punitive damages and compensation for pain and suffering.
Premises Liability Law
The premises liability law governs accidents that occur on public or private property. To successfully obtain compensation in a legal case, you need to prove the following four things:
- Duty of Care: The property owner owes everyone a duty of care by ensuring safe conditions and eliminating any dangers that may arise at the property. For instance, a restaurant owner or manager who is in charge of the day-to-day functioning of the establishment has the responsibility of making sure that the restaurant has safe conditions for its customers.
- Hazardous Conditions: The hazardous conditions that exist at the said property should have been in the knowledge of the property owner. Removing the source of potential danger is the responsibility of the property owner and failure to do so makes them liable for any accident that may result.
- Relevant Damages: One of the most important and challenging things to prove in any slip and fall case is the fact that the injuries that you incurred as a result of the accident were caused due to the aforementioned dangerous conditions at the property. To prove this in a court of law, having sufficient relevant evidence is necessary.
Types of Evidence Required
To prove that the injury was a fault of the property owner, the following types of evidence may be required:
- Video and Photographic Evidence: The photos that demonstrate the dangerous lapses in safety that led to the accident may be invaluable to your case. Similarly, the surveillance footage from the scene of the accident can also be highly useful.
- Witness Testimonies: The audiovisual or written testimonies from eyewitnesses at the scene of the accident can help strengthen your legal claim.
- Medical Evidence: One of the most credible forms of evidence that provides tangible proof of your damages is medical evidence. It may constitute imaging, diagnostic tests, professional medical evaluation, and medical or surgical records, etc.
- Professional Medical Testimony: Another thing that can help your case is the expert opinion or testimony from a certified medical professional who can attest to the severity of the injuries caused by the accident.
Importance of Legal Representation
One of the most important things to do immediately after a slip and fall accident is to contact a reputable legal firm. You can consult a personal injury lawyer who can help you gather evidence to support your case and keep your case organized.