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Evidence For A Slip & Fall Case

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If you slipped and fell on someone’s property, you unfortunately do not have an automatic right to compensation. Instead, you will need to prove that the owner or occupier failed to discharge their duty of care toward you.

In practice, this means you need proof that the owner either created the hazard or knew (or should have known) about it and failed to correct it or warn others of the danger it posed. For example, you might have slipped on a puddle of water in a grocery store. Under Fla. Stat. § 768.0755, you will need to prove that the puddle existed and that the store either knew about it or the puddle existed for so long that they should have discovered it.

At Douglas & Douglas, our Jacksonville slip and fall attorneys are skilled at bringing successful premises liability claims. Below, we highlight some of the evidence you need to successfully seek recovery for injuries due to a fall caused by the negligence of the owner or tenant of the premises.

Get Pictures or Video of the Hazard

People slip and fall on many different types of hazards, such as trash, debris, wet leaves, worn treads, spilled liquids, and condensation. They might also slip because lighting is poor.

Whatever caused you to fall—get a picture of it. Without photographic or video evidence, the property owner may destroy evidence of the hazard and instead say that your clumsiness caused your fall. Evidence helps establish that the hazard existed.

Take pictures from many different angles and distances, if you can. If you are unable to take pictures, try to get someone else to take pictures or return the scene to take pictures.

Identify the Source of the Hazard, if Possible

For example, if an air conditioner is leaking fluid, then get a picture of that as well. Other sources of moisture could be soda machines that spray liquid, refrigerators that leak, and cracks in the roof where rain enters. These hazards are definitely under the owner’s control, so proof that they were the cause is very helpful.

Talk to Witnesses

Witnesses can also provide detail about what happened. They are also critical if you did not have a phone with you and couldn’t photograph or record the hazard. Get the name and contact information for each. Your attorney might reach out to them later to find out what they know.

Report the Accident to the Property Owner

Stores should have reports that they fill out to document when and how an accident happened. Promptly reporting any fall also bolsters your case and protects other members of the public at the same time.

Go to a Doctor to Document Your Injuries

It’s one thing to fall. But unless you suffered injury, you do not have a valid legal claim. For this reason, if you were injured, seek medical treatment immediately. Timely diagnostics are crucial to document that your fall caused the claimed injuries. Continue to attend follow-up appointments and any physical therapy offered.

Schedule a Free Consultation with a Jacksonville Slip & Fall Attorney

One of our slip and fall attorneys will gladly review the evidence to see if you have enough to proceed with a claim. Call Douglas & Douglas today.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.0755.html

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