Slip and Fall Cases: How to Prove Yours
Being injured can throw the lives of you and your family into chaos.
It’s an uncertain time. If your injury is an accident caused by somebody is, you’ll want to make sure you get the compensation you deserve.
Slip and fall accidents end in over 1 million hospital visits each year. And these accidents are the top reason employees miss days of work.
So, what do you do if you are one of those millions of slip and fall cases? How are you going to prove their neglect?
You can always choose to work with a law firm like Dante Law to make sure that your legal strategy will get you the best outcome.
We fight for our clients and make sure to keep them updated on the latest information they need to know through great communication and our blog post topics.
If you’ve been injured in a slip and fall accident, Dante Law has your best interests in mind. Check out our top tips to what you’ll need to prove.
Slip and fall cases in court
Figuring your way around the law on your own can be tricky. And it can sometimes cost you a case that should have been on your side.
So, if you find yourself in a slip and fall case, here’s what you will need to have for proof:
Document evidence that the hazard was something that should have been fixed
One of the biggest things you will have to prove with slip and fall cases is that you fell due to a hazard that should have been fixed.
This could be because the owner and employees purposefully ignored a problem, like a wire or upturned carpet that caused your fall.
Another example could be if you fell over a paint can or ladder when renovations had been completed months ago.
In these cases, it’s clear that your fall and injuries were not caused by you.
Proving this can be one of the biggest hurdles to overcome in slip and fall cases because it’s likely that the business owner will argue that you didn’t see something because you weren’t paying attention.
This is especially true if you were doing something like texting or walking before the fall.
How did the employees react?
After your fall, you may be in pain and confused but you’ll need to recall what happened right after.
More specifically, how did the employees react?
If an employee helped you up and admitted that the floor is slippery, or there should be a sign, this could push the case in your favor. Similarly, if someone from the business offers to pay for your trip to the doctor, this could signify guilt on behalf of the business!
Track this information and bring it up with your lawyer before the trial.
Get witness information
After your accident, it’s important to get witness information from the people who may have helped you up or been close to you when you fell.
Simply getting their phone number is a step in the right direction. Once you have been looked over by a doctor and are safe, you may reach out to these people.
Ask them what they remember and if they will serve as a witness in your case. They could even write a witness statement to prove your innocence.
Witnesses can make or break a case sometimes since they are non-biased and were a part of the event who can advocate that the area was hazardous.
Know whether or not the hazard you slipped and fell from was caused by another person or employee in the building.
You will want to give the situation that caused your fall some thought.
Was your accident caused by the neglect or carelessness or another person or an employee?
This information is extremely important because businesses do have to take responsibility for what happens on their property.
If an employee mopped but did not put up a sign, or was stepping away to grab one, when you fell– that is directly their fault.
Proving this in court could also fall on the stories or witnesses or any photos, videos, or surveillance footage you’re able to gather for the trial.
Take photographs and videos if you can
After your accident, you will want to take photographs of the area and hazard that caused your fall.
Because some businesses are not always honest, it’s possible that they will remove the hazard and claim that it was never there.
This is why you should be taking photographs or videos from your own phone or asking witnesses to help you if you can’t.
In slip and fall cases where someone broke a leg, became bruised, or suffered another injury, photos can also be extremely helpful.
Document your injury and recovery process with photos to demonstrate the suffering that was caused as a result of the businesses’ negligence.
Go see a doctor
Winning a slip and fall case can be tricky at times, especially if it comes to a situation where it’s just word against word.
Combat this by taking videos, getting witnesses, and following the other tips mentioned above. But you will also need to go see a doctor after your fall.
Even if you feel fine immediately after the accident, it is best to see a doctor to look for any unseen injuries (like internal bleeding).
When you are armed with a doctor’s report about your injuries, a business can have a harder time claiming that you’ve faked or over exaggerated your injuries to try and get out of paying you.
A doctor’s visit can also demonstrate that you were worried about your health following the accident and sought treatment immediately rather than waiting it out.
It’s similar to people in car crashes who go to the doctor weeks later and find out they have whiplash. Because all of that time has passed, it’s difficult to prove it was actually from the accident and not something else that happened.
So work with your lawyer to put together your case and get justice for yourself or your family member.