Slip and fall accidents are the #1 cause of accidents in hotels, restaurants and public buildings. Yet many slip and fall accident cases are unsuccessful. Why? Because a slip and fall case is not just about whether you slipped, fell and hurt yourself. It is based on a claim that the property owner was negligent in allowing some dangerous condition to exist, and that caused you to slip and fall. As a personal injury lawyer I know that getting evidence quickly after a fall is key to winning your case.
People traumatized by an accident often do not pay careful attention to the dangerous condition that caused them to fall, so an investigation and reconstruction of the accident may be necessary. This is where an experienced personal injury lawyer is invaluable.
Winning a Slip and Fall Case
The evidence in a fall case needs to prove that more likely than not the property owner knew, or should have known, there was a dangerous condition, yet failed to take appropriate action. According to California Civil Jury Instructions 1003 the victim of a fall injury can be compensated for damages if he or she can show the owner and/or tenant, did not properly care for the property.
An owner and/or renter who fails to either repair a dangerous condition, or warn visitors about it, can be held liable for injuries incurred as a result.
Evidence Used in a Slip and Fall Lawsuit
There are many types of evidence that can be used to show how an owner/tenant failed to take reasonable care to prevent harm to another. These include:
- Testimony from expert witnesses. Reconstruction experts can recreate how the accident occurred; engineers can testify about how slippery a floor was; building construction professionals can testify about building code violations; medical professionals and vocational experts can present testimony regarding the extent and impact of injuries, and the related earnings losses.
- Photographs from the scene. Photos taken by the victim, or witnesses, at the scene can show the hazard that caused the accident.
- Testimony from eye witnesses. Anyone who saw the fall can independently corroborate the conditions and circumstances surrounding the accident. Obtaining their statements early is important as memories fade and witnesses often times disappear.
- Documents obtained through discovery. Victims can obtain maintenance logs, inspection reports, safety manuals, employees emails and other documents from the property owner. These can show deficiencies in maintaining the property, unaddressed maintenance issues such as worn or buckling floors, problems found during inspections, or a lack of proper inspection and/or followup.
- Local and national building codes. Building code violations show the property owner fell short in creating safe premises.
The more evidence a victim has in a slip and fall case, the stronger the claim, and the greater the likelihood of obtaining full compensation for injuries. Having solid evidence is beneficial when negotiating a settlement and when presenting a case in court. These are very difficult cases to win and it is therefore essential that a compilation of the necessary pieces of evidence are obtained as quickly as possible.
How a Long Beach Personal Injury Lawyer Can Help
Your Injuries are Personal to Me
My law practice exclusively handles personal injury cases. If you were injured in a slip and fall accident, you can make a claim to get compensation from whoever was responsible for causing the accident. I handle every case personally to make sure you receive the maximum compensation for your injury losses.
Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation. As a Long Beach personal injury lawyer I can help if you’ve suffered an injury in a slip and fall accident.
You will be under no obligation and you will never pay any money unless you recover compensation for your losses.
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