Evidence in Slip and Fall Cases
Gathering proper evidence following a slip and fall accident may sometimes be difficult, especially when a property owner or operator does not allow you access to certain areas or records. The premises liability attorneys at the Law Offices guide victims injured in slip and fall accidents throughout all of the steps of the process, from the initial investigation and collection of evidence in slip and fall cases until claims reach their resolution. We can represent people in Miami, West Palm Beach, Fort Lauderdale, and other cities in Miami-Dade, Palm Beach, and Broward Counties. Contact our Miami slip and fall accident lawyers if you want to know more about your legal options.Understanding the Collection of Evidence in Slip and Fall Cases
The evidence required to establish a strong slip and fall case differs depending on the situation that gave rise to an individual’s injuries. Generally, however, photographs of the area where the fall occurred are helpful to show the conditions on the property. These photographs are especially vital when there is a spill or another foreign substance that caused the accident. Without pictures of what caused the fall, it might be very difficult to show that your fall was due to a spill that was not properly addressed, since it is easily cleaned up afterwards or may dry.
When a fall is due to something other than a foreign substance, such as in a stairwell, taking pictures is often helpful, but the immediacy may not be as important. If the stairwell is designed poorly or in disarray, this condition is more likely to be documented or found later. For example, a person may fall if there are no handrails or there is just one handrail in the stairwell, if the steps are of differing heights, or if other discrepancies are present that create a hazardous condition. Hiring certain experts, such as contractors or architects, may be important to show that stairs or other areas of a building are not safe.
If a fall occurs on a property with a history of Building Code violations, past citations may be used as evidence of an owner or operator’s knowledge of an existing danger. However, a victim’s injuries must still be shown to have been a proximate result of such a violation. For example, if a citation related to an issue with an elevator, a plaintiff’s fall in another area would not be relevant to that violation.
Business owners are required to conduct regular inspections to ensure that their premises are free from dangerous conditions. When a hazard exists, an owner must fix it within a reasonable time and issue warnings of the danger in the interim. An investigation into an owner or occupier’s business practices regarding regular inspections and protocols may be necessary to show that there was a lack of care. Once the proper evidence is obtained, a victim who has been injured in a slip and fall accident may be entitled to compensation for medical expenses, lost income, loss of earning capacity, and sometimes pain and suffering.Seek Representation Following a Slip and Fall in Miami or Beyond
Consulting an experienced attorney is important to ensure that the proper evidence in a slip and fall case is preserved and collected. The Miami lawyers at the Law Offices are dedicated to helping slip and fall victims seek the compensation that they may be entitled to receive from parties that contributed to their injuries. If you or a loved one has been injured in a slip and fall accident, call (877) 499-4878 or contact us online today to schedule a free, no-obligation consultation with a slip and fall about your claim.