Slip and Fall Claim Evidence of Negligence
There is a risk of slipping and falling pretty much everywhere that you go. Stores, your home, your job, etc. and usually these slip and falls result in fairly mild injuries. Maybe you might scrape a leg or bruise and elbow but occasionally you might end up suffering an injury that can seriously affect your life. What can make this even worse is that you may have fallen and suffered such a severe injury because a certain party was negligent and did not take steps to ensure that an accident like yours would not take place.
In cases like this, a person that suffered a severe injury via slip and fall will likely want to seek compensation for the damages they sustained from the parties responsible. The parties that could potentially be liable for a slip and fall injury can actually vary depending on the circumstances of the accident. They could include businesses or property owners charged with ensuring their area is safe for customers, maintenance providers or cleaners that may have been negligent in their duty and created an accident possible environment, or anyone else that’s negligent behavior contributed to causing the accident.
When a victim of a slip and fall accident goes to take legal action, they will likely have to support their case with evidence which can often prove to be more difficult than initially thought. A plaintiff in a slip and fall injury case will come across heavy resistance from a defendant that will do absolutely everything in their power to reduce or outright deny their claims to injury compensation. In order to combat this, someone that has suffered a slip and fall injury should know what to look for and where to look when it comes to finding evidence to support their case.
Florida Evidence Standards in Premises Liability Cases
Florida law actually outlines several evidentiary standards for those that are pursuing legal action in premises liability cases. Victims of slip and fall accidents need to take these standards into account before they consider trying to hold someone liable for their slip and fall accident injuries.
- The establishment had actual or constructive notice of the substance on the floor;
- The establishment should have taken action to remedy it; and
- The dangerous condition existed for such a length of time that the establishment should have known about the condition as it monitored the premises; or
- The condition was foreseeable because it occurred regularly
Once a plaintiff is sure that the circumstances surrounding their slip and fall accident meet these criteria, then they can move forward with trying to find evidence to support their case.
Evidence That Can Help Prove Your Slip and Fall Accident Case
One of the simplest things that someone can do when they experience a slip and fall accident that results in a serious injury is take a picture of the scene of the accident. The closer to the time of the accident the better and video can also work as well. Details such as loose tile, stray wires, torn up carpet, or a spill can help show the cause of your slip and fall accident.
Accident Reports in a Slip and Fall Case
Another thing that you can do is make sure that in cases where you slip on a businesses’ property, alert someone in charge and make sure that some kind of accident report is filed. The more documentation that you have on a slip and fall accident’s occurrence the better.
Witnesses in a Slip and Fall Case
When you slip and fall there may be bystanders around to see you become injured and witness the cause of your accident. These witnesses can help support your case and help prove that a liable party was negligent. For example, a bystander could witness a spill on the ground and how several people almost slipped while an employee walked by without doing anything. That bystander could also see a plaintiff in a slip and fall accident case fall and provide a testimony verifying that the spill was there for some time, that it almost hurt several other people, that an employee did not take action to fix the problem, and that the plaintiff was in fact harmed by that negligence. So be sure to get the information of any witnesses that can help your case. Get phone numbers, email, address, name, etc.
Comparative Negligence in a Slip and Fall Case
On top of showing that the party liable for your slip and fall injury was negligent, a plaintiff has to also show that they were also not negligent as well. In Florida, there is what is called comparative negligence which is when both parties involved in an accident were negligent in some way and their level of negligence determines the compensation given. For example, a person may trip on a loose tile on a poorly maintained floor. The owner of the property would be negligent but if that person that slipped happened to be texting while walking then they could possibly be found comparatively negligent and receive a smaller settlement than they originally would have.
Consider Eberst Law Firm for Your Slip and Fall Accident Claim
If you have been injured in a slip and fall accident in the Stuart, Florida or Gainesville, Florida area, contact the experienced personal injury team at The Eberst Law Firm. We are ready to handle your case. Our skilled lawyers will be happy to speak with you about the details of your case and offer some options of what kind of legal action you can take. With representation from Eberst Law, you can be assured that you will have an experienced injury lawyer in your corner fighting to ensure you receive the compensation you need.
Stuart, Florida Office
101 SE Martin Luther King Jr Blvd
Stuart, FL 34994
Gainesville, Florida Office
716 E. University Avenue
Gainesville, FL 32601