During the typical year, millions of employees and customers at various businesses experience accidents that land them on the floor. These so called “slip and fall” accidents are often the subject of legal proceedings filling the dockets of our local courts. Sometimes the accident is the result of clumsy behavior of the victim and at other times there is something the owner of an establishment has done to cause the slip and fall to happen. In order to determine whether you have a case for slip and fall injuries, you may benefit from the advice of a personal injury lawyer.
Where the owner of a business establishment has created a dangerous condition on the premises, this behavior is certainly actionable from a legal standpoint. In virtually all slip and fall cases, one of the central issues will be whether of not the conduct of the business owner caused the dangerous condition which resulted in the slip and fall. How does one establish negligence on the part of a business owner? The answer almost always lies in the strength of the evidence collected at the scene of the accident.
Evidence on the Victim
When an accident victim proceeds with legal action for a slip and fall, he or she must establish that the owner of the property did something, or failed to do something, which created a dangerous condition on the premises. One source of evidence to support this theory is certainly the accident victim. This personal evidence can be quite convincing and might include substances found on the bottom of the victim’s shoes. It might also be helpful to present the actual footwear to establish that the shoes were reasonably safe to wear at the time of the accident.
In addition, other items of clothing might support the theory of recovery. As a general rule, it is prudent to keep all of the clothing that was worn at the time of the accident and to use it if it helps to show that they were not a factor that caused the accident to occur. All items of clothing should not be used again after the accident and they should remain in the same condition as when the accident occurred. Your personal injury lawyer will certainly advise you on other things to look for in the examination and preservation of the personal evidence.
Evidence at the Accident Scene
Any physical evidence that can be found at the scene of the accident is very helpful in establishing liability for a slip and fall accident. Such evidence may include any objects that obstructed a walkway, or liquids on the floor. If at all possible, take these items with you from the accident scene, or, with the help of your personal injury lawyer, take extensive video or photographs of the accident scene to preserve your memory of what happened and to use as evidence in court.
Your case will be strengthened significantly by the physical evidence you collect. Consult with a personal injury attorney to coordinate the gathering of evidence and, to ultimately win your case and the compensation you deserve.