Slip and fall cases fall under the umbrella of personal injury lawsuits, specifically premises liability cases. These types of cases require that you prove your injuries, and the financial losses associated with them, were because of the defendant’s negligence. Medical records are a key component to proving the extent of your injuries, but you will need more than that to prove negligence.
So what sort of information and evidence should you be collecting after your accident? Speaking with an experienced personal injury attorney after your accident can help you determine what kinds of evidence will be useful should your case come to trial, and a lawyer can also help you to collect that evidence. Below, we’ve compiled our list of the types of evidence you may want to start gathering to help prove your case.
Understanding Negligence
In order for a defendant to be found negligent, you will need to prove that the defendant:
- Knew there were dangerous conditions on the property
- Knew or should have known that their actions could cause injuries
- That you were not more than 50% responsible for your injuries
- That your injuries and financial losses are real and proveable
Keep these general guidelines in mind as you gather evidence to support your claim. All the evidence you gather should in some way help to prove these key points.
How to Prove the Existence of Dangerous Conditions
If at all possible, you should have someone take photos of the scene as soon as the accident occurs. Photos can prove there were dangerous conditions such as:
- Wet floors with no warning signs
- Sidewalks that were not cleared of ice and snow
- Dangerous construction or repairs that were not clearly marked with warning signs
Additionally, you may want to gather building codes and regulations to show the standards that the property owner should be adhering to.
Proving the Defendant Knew or Should Have Known About Dangerous Conditions
Businesses schedule routine safety inspections and maintenance and keep records of these events. These can be useful to you in proving the defendant knew or should have known that a dangerous condition was present when your accident occurred. These can be things like:
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The schedule of safety inspections: This can show that an employee inspected the area before the accident occurred, and should have remedied any dangerous condition that was present or placed a warning sign in the area
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Security camera footage: Security camera footage can prove that employees did not inspect or maintain an area at the time they should have done so, causing them to miss the dangerous condition that caused your accident
How to Prove You Are Not Responsible for Your Slip and Fall Accident
Often in slip and fall cases, the defendant will try to prove that the victim’s carelessness was the main reason the accident occurred. Pennsylvania law operates under modified comparative negligence rules. This means that if the victim is found to be 50% or less at fault for the accident, they are eligible to receive financial compensation from the defendant. Therefore it is vital to your claim that you prove you were not more than 50% at fault for the accident.
Ways you can help prove you were not at fault include:
- Security camera footage
- Eyewitness testimony
- Cell phone records showing you were not on your phone at the time of the accident
How a Lawyer Can Help You Collect Evidence for a Slip and Fall Case
After any slip and fall accident, you should contact a lawyer immediately. Businesses often delete security camera footage on a regular basis, and a lawyer can send a letter to the location where your accident occurred and instruct them not to delete any evidence they may have.
Gathering medical evidence, security camera footage, and building codes and regulations to prove the defendant was negligent can be a time-consuming process, all while you should be focusing on what matters most; your recovery. If you’ve been injured in a slip and fall accident, contact the attorneys at Thistle Law today for a free consultation and let us help you begin the process of preserving and collecting the evidence you need, to receive the compensation you deserve. Contact our office today by calling 215-525-6824 or by filling out this form.