What Evidence Is Most Important in a Slip-and-Fall Case?

If you have been involved in a slip-and-fall incident, you may have the right to bring a claim against the owner or a manager of the property where it happened. For this claim to be successful, you will need evidence and the help of a slip-and-fall lawyer with experience here in the West Jordan, UT area.

The Most Important Evidence Your West Jordan, UT Slip-and-Fall Lawyer Will Use

1. Video Footage

If there’s any video footage of the incident, this will be extremely valuable. It can establish the fact of your fall, show that you were not being careless, and may also be able to show that the hazard was not immediately obvious to you. Video footage from a security camera can also demonstrate that a hazard had been in place for a while and had not been properly dealt with. Not every slip-and-fall case will have video footage, but it’s always great when it does exist.

2. Pictures

Immediately after your fall, if you are able, take some pictures of the area. These pictures need to show the hazard and the surrounding area. Do this quickly, especially if there are no markings or warnings about the hazard. Once you fall, the property owner or manager is likely to put up warnings immediately and may then later try to argue that the warnings were there at the time of your incident.

3. Witness Testimony

Witness testimony is always helpful. If someone saw you fall, they can testify to what happened and testify to whether the hazard was obvious or properly marked. All this goes towards showing liability on the part of the property owner or manager.

4. Internal Records

If you were injured on a business property, your lawyer may want to subpoena internal records and reports from the business to find out if anyone had reported the hazard. If they did, this shows that those responsible for keeping the property safe for visitors knew about the hazard and ignored it. This would show a breach in their duty of care towards visitors and help to establish liability.

5. Medical Records

To bring a successful claim, you will need to show that you suffered actual damages because of an accident caused by the negligence of another. Your medical records will establish the damage that you suffered, and the sooner you are treated after a fall, the clearer this connection is. Never wait too long to get medical help, as this gives the insurance company covering the property owner room to argue that either your injuries resulted from something apart from the fall or that they are not serious.

Talk to a Lawyer Right Away

Your lawyer will know how to gather all of this evidence and use it well in your case. Security camera footage and internal records may “disappear” if you don’t get access to them quickly, so the sooner you speak with a lawyer, the better. Call us now at Nelson Jones at (385) 275-6812 to set up a consultation here in West Jordan.