Personal injury cases do not exist to cover every type of accident or incident that could possibly happen. If you injure yourself by tripping over your shoelaces, for example, no case exists because no liability exists (unless something is unusually wrong with the shoelaces).
If you want to sue anyone, you must prove that the party was somehow negligent. In a trip and fall case, the most common claim is that a landowner knew a hazard existed and did not take sufficient steps to warn visitors of the hazard or to repair the hazard, thus leading to an avoidable accident.
Of course, it’s one thing to say a landowner has failed in their obligations. Proving it is another matter altogether.
Here’s what you need to know.
The Types of Evidence Needed to Prove Liability
There are many types of evidence that can be helpful.
- Photo evidence can show what conditions were like at the time of your accident, including the presence or absence of warning signs.
- Complaint records can help to show that the property owner knew about the condition and had ample time to rectify the problem.
- Repair or maintenance records can show whether the landowner was engaged in regular maintenance or inspection of the property.
- Eye witness evidence can help bolster a case.
- Medical records can help show the extent of your injuries, as well as provide further evidence of causality.
- Medical bills show that a liability exists—that you suffered a loss.
- Pay stubs also show that you suffered a loss in the event that you had to take time off work to address your injuries.
- Video evidence can provide a clear picture of how the accident took place.
One of the best ways to strengthen your case is to gather as much evidence at the scene of your accident as you possibly can. If you are medically incapable of doing so, you might want to call a lawyer immediately, so they can move to secure evidence instead.
The Role of Expert Witnesses in Slip and Fall Cases
Expert witnesses don’t come up as much in slip-and-fall cases as they do in other cases. For example, most people understand that a loose stair railing is a hazard.
Nevertheless, there are times when an expert doctor might testify about the impact an accident like yours would have on a life like yours, or an income and career specialist might testify to the damage that’s been done to your future work life and career.
The Legal Requirement to Establish Causation and Damages
Remember, in any slip-and-fall case, your lawyer must prove the following things are true.
- The landowner had a duty of care towards you.
- The landowner failed in that duty of care.
- As a result of that failure, you suffered an injury.
- As a result of the injury, you suffered a financial loss.
The chain of causality isn’t always as straightforward to others as it might seem to you, so take steps to gather and preserve whatever evidence you can.
Get Help Today
Have you been injured in a slip-and-fall accident? Our team is ready to help.
Contact us to schedule a free consultation today.
See also:
Common Slip and Fall Accidents in New York City
Understanding Slip and Fall Lawsuits in New York City
The Importance of Documenting Your New York Personal Injury Claim