The Role of Evidence in Slip and Fall Cases

Suppose you’ve been injured in a slip-and-fall accident. In that case, it’s crucial to present compelling evidence that directly correlates the property owner or occupier’s negligence and your injury-related losses. Evidence can include documents, photos, videos, eyewitness testimony, and expert witness opinions. Date-stamped photographs and videos provide an objective snapshot of the accident scene, revealing details that words alone often fail to express.

Medical Records

A serious slip-and-fall accident can lead to severe injuries that require immediate medical attention. In personal injury cases like these, medical records are a critical piece of evidence to help prove that the injuries sustained are direct consequences of the incident. Medical records include notes from your doctor, test results, medical appointments, and treatment plans. When collected, they serve as a timeline of your injuries and provide a clear connection between them and the accident. The detailed insight provided by medical documents can also help your slip and fall accident lawyer establish the severity of your injuries. This is important in determining the compensation you deserve to cover your medical expenses, lost earnings, and pain and suffering. It can also be used to verify that your injuries were not pre-existing conditions, a common argument made by defendants in these types of claims.

Video Footage

Surveillance footage from security cameras on business properties can be valuable evidence in slip-and-fall cases. It can reveal dangerous conditions that contributed to the accident, such as spills, uneven surfaces, broken steps, or loose handrails. It can also provide valuable information on how long a hazardous condition existed before the plaintiff’s accident, an important factor in establishing negligence and breach of duty of care. The footage can come from various sources, including business surveillance systems, cell phones of bystanders, and dashcams in vehicles. Clothing and footwear, particularly shoes, can also become significant evidence as they may retain traces of the substance or cause of the injury. An experienced personal injury attorney can request the footage from a business or owner through a spoliation letter. This letter officially advises the company that a legal claim is underway, preventing them from hiding, altering, or destroying evidence.

Witness Statements

When someone slips and falls, they can suffer serious injuries that impact all aspects of their life. This is why having a comprehensive collection of evidence in your slip and fall case is important. This can include incident reports from the property owner, security footage, photos of your injuries and the accident scene, and witness statements from eyewitnesses. Your attorney can also use your medical bills and records to prove the extent of your injuries. A report from a witness can help your attorney build a stronger claim for damages, especially if you were injured in an incident that occurred in public or at a business establishment. However, any witness statements must be based on facts, not opinions. This is particularly true for expert witnesses, who are used in cases involving severe injuries with long-term impacts on a person’s quality of life. These experts can provide invaluable insight into specific aspects of a claim and help clarify facts.

Expert Testimony

Expert witnesses play a significant role in many slip-and-fall cases. They can be used to explain technical aspects of the chance to judges and jurors and provide their professional opinion on what occurred in a particular incident. Expert witness testimony must be founded on sufficient facts or data and based on reliable principles and methods applied to the case. Furthermore, experts must be able to communicate their professional opinions in a manner that is understandable to the trier of fact. For example, a human factors expert could testify that the defendant’s actions were negligent by showing how the defendant’s failure to check for hazards in a given environment contributed to the victim’s accident and injuries. Other expert witnesses can testify about the proper standard of care in a medical situation or how much the victim has lost in wages and benefits due to the injury.