A slip and fall accident can result in traumatic injuries that rob you of your ability to take on your normal duties and enjoy everyday life. However, the burden of proving that the accident was the fault of the property owner or tenant can be overwhelming, and without proper evidence, your claim for compensation may be dismissed. Read on to learn about the two most common types of slip and fall cases, and how you may be able to obtain enough evidence to support your injury claim.
Slip on foreign objects
In many cases, injuries from slip accidents occur due to the presence of a foreign substance such as a banana peel, ice or spilled water on the premises. Success in prosecuting such a case greatly relies on your ability to immediately document the condition of the accident scene before it can be altered by the tenant or property owner.
To avoid lawsuits, a negligent property owner may move to quickly remove the foreign object and blatantly deny any wrongdoing on his part. To counter this, you should take photos of the accident scene immediately so as to acquire indisputable evidence of the object that caused your fall.
Documenting what caused your fall on its own may not always be sufficient to prove fault, as the property owner must have known about the hazard and have had sufficient time to get rid of it. This is why it would be invaluable to look for the sworn testimony of someone familiar with the property who can effectively establish a property owner's notice of a hazard. Video surveillance may also help establish how long the hazard was present.
Non-foreign substance cases
These usually involve a slip and fall accident that was caused by a faulty stairway, floor or threshold. Such hazards are much harder for the defendant to refute, although you must move with speed to document the evidence and call in an accident lawyer to the scene.
The lawyer will usually try to document design issues that may have contributed to the accident, such as no handrails on a staircase, a crack on the floor or a threshold that has a lip one inch high. The lawyer may also consult a construction expert to check for design flaws on the premises as well as request the property owner's maintenance and repair records. All such evidence should help show clearly in court that the defendant was guilty of negligence and therefore liable for your fall.
For more help, speak with lawyers like Putnam Lieb who have experience in the area.