As with many types of accidents, slips and falls can easily turn into he-said, she-said cases if you don’t have the right evidence. Without solid slip and fall injury evidence, proving that a property owner was responsible for your injuries and should be financially liable for your medical bills, lost wages, and other losses can be challenging. Understanding the types of evidence to gather is the first step in building a strong legal case.
Why Evidence Matters in a Slip and Fall Injury Case
Evidence is necessary for a few reasons in slip and fall injury cases. You need it to prove that an accident occurred, that someone else, usually the property owner, was responsible for the accident, and that you suffered injuries because of the accident.
For example, let’s say you slipped and fell in a puddle on a grocery store floor and broke your wrist. You need evidence that shows the puddle existed, that the store owner knew or should have known about it and didn’t take steps to remedy it, and that your injury is real. This evidence often takes multiple forms, and the more evidence you can acquire, the better.
Types of Evidence You Need to Support a Slip and Fall Injury Claim
Some of the most effective types of evidence you can use to support a slip and fall injury claim include photo and video evidence, eyewitness statements, incident reports, property management logs, medical records, and journal entries.
Accident Scene Photographs
If your injuries allow you to, you should always take photographs of the property hazard that caused your injury. Whether it’s a wet floor, uneven surface, or loose railing, it’s important to have photographic evidence of the hazard as it existed when you slipped and fell. If you cannot take a picture directly after sustaining your injury, someone else can return to the accident scene later to take one.
Security Camera Footage
Many slip and fall incidents are caught on security camera footage, whether they occur inside or outside businesses. If your fall was caught on camera, that can serve as strong evidence in your case, as it will be hard for the defendant to argue that the incident didn’t occur. However, this evidence alone may still not be enough to secure the compensation you need, so having multiple types of evidence is key.
Eyewitness Statements
If other people witnessed your slip and fall, their statements can corroborate your version of events. This is important for establishing you as a credible witness in your case. Witnesses can also provide additional details about the accident, such as whether they previously reported the hazard to the property owner and nothing was done about it.
Business Incident Reports
If your slip and fall occurred on a business’s property, it’s essential that you report the accident to the business and have them fill out an incident report. You should request a copy of this report for your records because it will include key details about the case, such as the date and time of the incident. The existence of an incident report can also prevent the business owner from trying to claim they had no knowledge of your fall.
Property Maintenance Logs
In many cases, slips and falls are due to poor property maintenance. For example, grocery store freezers may leak and cause puddles if not maintained, staircase railings can become loose and unstable, and various slip and trip hazards can be hard to see if a property has poor lighting. Property maintenance logs may show when the property was last serviced and the fixes that were made.
Medical Records
Your medical records are vital for establishing the existence, severity, and extent of your injuries. Even if the property owner accepts that you fell, they may claim that your injuries are less severe than you say they are if you don’t have medical evidence to back it up.
Pain Journal Entries
While not particularly strong evidence on its own, pain journal entries can help bolster your claim for money for pain and suffering. This compensation covers your losses with intangible value, and writing down your pain levels each day can help establish how your injuries affect your daily life.
How to Gather Evidence After a Slip and Fall Accident
There are multiple ways to gather evidence after a slip and fall. Different types of evidence require different methods to gather them:
- First, you can collect evidence from the accident scene directly after the accident. Take pictures and collect witness names and contact information. Also, get a copy of the incident report.
- Second, memorialize the accident. Write down everything you remember, including the time and date of the incident and what caused you to slip and fall.
- Third, you can track your recovery progress through your medical records, pain journal entries, and photographs of your visible injuries.
- And finally, you can hire a slip and fall lawyer to gather evidence on your behalf while you recover. That evidence can include security camera footage.
How Do Lawyers Use Evidence in Slip and Fall Cases?
Lawyers use the evidence collected in slip and fall cases in several key ways. They can use it to prove details about your injuries and liability for your losses, during settlement negotiations, and at trial. While negotiating with the defendant’s insurance company for a fair settlement, the more evidence your lawyer has, and the better that evidence is, the better their chances of securing compensation that covers all of your losses.
If the insurance company refuses to offer a fair settlement, the evidence collected by your lawyer will also be instrumental in proving your case in court.
Contact Our California Slip and Fall Accident Lawyers
If you were injured in a slip and fall accident in Huntington Beach, California, contact DJA Injury Attorneys at (949) 229-7228. You’ll get a free consultation with an experienced premises liability lawyer. We’ll review your case, explain your options, and help you identify the evidence you need to maximize your compensation.