When you are injured in a slip and fall accident, you have the right to file a lawsuit against the responsible party. Typically, that party is the property owner of the location where your injuries occurred. However, you can only get compensation if you can successfully prove negligence.
This means you need evidence that supports your claim. In most slip and fall cases, the following types of evidence are necessary to prove a claim.
Photos and Videos
If you are lucky, there is a video of your accident. Many businesses have surveillance cameras that cover almost the entire property. This means the business may have footage of the accident that can support your claim. To get this footage, you will typically have to subpoena the business for it.
If video evidence isn’t available, take lots of photos of the accident scene. You want pictures of both your injuries and the unsafe conditions that caused them.
A Copy of the Incident Report Filed With a Property Owner or Business
After you are injured in a slip and fall accident, you need to inform the property owner or business. Many businesses will create an incident report after being notified of an accident. You should request a copy of that report. If the business won’t give you a copy, inform your lawyer and let them subpoena it.
Statements From Witnesses to Your Slip and Fall Accident
Eyewitness testimony is the next best option when video footage isn’t available. If anyone witnessed your slip and fall accident, immediately get their name and contact information. Your lawyer will interview them right away to ensure they remember as much about the accident as possible.
Even if there is video footage, you should get the witness's contact information. Witness testimony can explain or support the video, especially if the footage isn’t 100% clear.
Medical Reports
You want medical reports for two reasons. First, they can directly link your injuries to the accident. Without these records, you have no way to prove that your spinal cord or head injuries were caused by the accident. A jury might be convinced you were injured at some other time.
Additionally, medical records can be used to calculate your claim’s value accurately. In a slip and fall claim, you can get compensation for every medical bill you incurred. However, if you don’t have records of those bills, it is difficult, if not impossible, to prove your damages.
Maintenance Logs and Inspection Records
Negligence is a key factor in any slip and fall claim. You need to prove that the business owner or property owner failed in their duty of care. That means they were required to perform some action to protect your safety, but they didn’t.
Maintenance logs and inspection records are one of the best ways to prove this. These records will indicate how recently the accident location was maintained and whether there were any reports of dangerous conditions that hadn’t been addressed. Even if there weren’t, if the area hadn’t been inspected recently, that is an act of negligence.
If these records are detrimental to the property owner or business, they are unlikely to give them freely. Instead, your lawyer will have to fight to get these records.
Expert Testimony
Even when maintenance records support your claim, a defendant can potentially twist the story to make it seem like they acted reasonably. In situations like this, you may need expert testimony to prove that the defendant was negligent.
An expert on property safety standards, for example, can explain how the actions of a property owner were inadequate to protect people at their property. This is important at trial because the jury typically has little knowledge of this topic.
Expert testimony isn’t necessary in all cases. You will typically only use it in cases that go to trial and only when the value of your case is quite high.
FAQ
How Long Do I Have to Gather Critical Evidence for a Slip and Fall Case?
Texas has a two-year statute of limitations for personal injury cases. This means you must file a lawsuit within two years of when you were injured. Typically, you want to collect all the evidence before filing a lawsuit.
What Happens if the Evidence Shows That I Was Partially at Fault for the Accident?
Even if the evidence shows that you are partially at fault, you can still get compensation from another partially at fault party if you were less than 51% responsible. The proportionate responsibility statute in Texas allows you to get partial compensation in this situation.
Since the amount of compensation you get will be based on how much the other party is responsible, you want as much evidence as possible that shows this.
How Can a Premises Liability Lawyer Help Me Get Evidence?
A Texas premises liability lawyer can act as your eyes and ears after a slip and fall accident. They will immediately interview witnesses and investigate the accident scene. Your lawyer will also preserve evidence, which may be difficult for you to do if you are seriously injured.
Contact Ramsey Law Group Immediately to File a Slip and Fall Lawsuit
Were you seriously injured in a slip and fall accident in Houston? You need evidence to get fair compensation for your harm. The personal injury lawyers at Ramsey Law Group can help you get the evidence you need. Contact our law firm today to schedule a free consultation.