In a slip and fall claim, the injured party will have the burden of proving a number of things in order to successfully recover for the damages he or she has incurred. While the ins and outs of substantiating a slip and fall claim can be complex, having dedicated legal counsel by your side can help you navigate these unknown waters. To understand some of the basics of what will be involved in proving your slip and fall claim, we have detailed some key points for you here.
What Type of Proof is Relevant in a Slip and Fall Claim
There are several critical elements to a slip and fall claim that must be supported by proof in order for the claim to be successful. For instance, proving the existence of a dangerous condition on the property is essential. In order to prove that a dangerous condition existed, photograph evidence of the dangerous condition can be used. A photograph may show something such as an uneven surface of a stairway in disrepair. Alternatively, security camera footage detailing the dangerous condition, or even the creation of the dangerous condition can act as proof. If you were injured by something such as an icy sidewalk outside of a business, news reports of the weather conditions the day of your slip and fall may be used to prove the dangerous property condition.
Due to the fact that a property owner has a duty to take reasonable steps to keep their property free from hazards, you will need to be able to prove that the defendant in your slip and fall claim knew or should have known about the hazardous property condition and failed to take the reasonable steps necessary to make it safer for property visitors. It can be difficult to prove that a defendant knew about the property condition or should have known about it, but it is not impossible. For instance, a copy of the inspection schedule for a business can reveal that an employee should have seen a dangerous condition during a scheduled inspection period. That employee should then have remedied the dangerous condition or roped off the area until it could be remedied. Alternative, security camera footage may also reveal that an employee failed to comply with a required safety inspection.
You will also need to prove the injuries and other losses you are asserting were caused by the slip and fall. There are a number of ways to do so. You can provide evidence of the actual harm you suffered through:
- Doctor reports and medical records
- Video footage obtained
- Witness statements
- Medical bills
- Documentation of missed work
- A victim impact statement
- Testimony from friends and coworkers
- Testimony from family members
- Testimony from counselors or therapists
Medical evidence will play a critical role in supporting your claim for damages resulting from a slip and fall. Be sure to not only seek medical treatment for your injuries but to be consistent in receiving any follow-up treatment recommended by your doctors.
New York City Personal Injury Attorney
Being injured in a slip and fall accident can be too much for one person to handle. Michael J. Redenburg, Esq. P.C. will provide you with dedicated legal support as he works on your behalf to get you full and fair monetary compensation for your injuries. Contact our office today.