Proving a Slip and Fall Case
Slip and fall accidents, especially those occrring in a retail store, happen with a great deal of frequency and can cause serious injuries. If you think you have been a victim, you should take certain steps to ensure you will be able to prove your case. There is nothing worse than realizing you let evidence slip through your fingers, when it's too late. If this happens, you may be without any legal remedy and no way to recoup your losses.
Why Pictures Are So Important in a Fall Case
If the condition of a store's flooring is a cause of your fall you need to photograph that condition before it disappears. For example, if a liquid spilled on a salesfloor is what caused your fall, you need to document that as soon as you can. A store is not automatically liable for an accident just because it happens on their property. It must be shown that the condition was dangerous and present for a sufficient length of time that it could have and should have been discovered (and cleaned) before the fall. Typically, the way this proven is with pictures of the spill which show signs it has been on the floor for some time, such as water with tracks and/or streaks through it. Also, it helps when there is debris in the spill, suggesting it was on the floor for some time. What that proves is that the spill was on the floor long enough for others to have traveled through it. A business such as a grocery store has a legal duty to inspect their floor at regular intervals to ensure it is safe for patrons. If something is spilled on a floor just seconds or only a few minutes before a fall the business owner will not be found at fault as they had no "notice" of the danger.
Do Not Assume Others Will Do Your Investigation
A common misconception is that video cameras capture everything that goes on in a store, particularly a customer's fall. Unfortunately, that is rarely the case. Even where a camera is trained on the area and records a fall, the business might accidentally, or even on purpose, record over it, destroying the best evidence. One way to try and avoid this scenario is to put the business owner on notice of the fall and the potential for video evidence as soon as possible. That way, the business will either hold onto the evidence or have to explain to a court or jury how they "lost" video evidence after being made aware of its importance. Giving the store notice of an accident early can only help your case.
If you or a loved one has been a victim of a fall accident, gathering evidence and contacting a seasoned injury attorney can help to establish a valid claim. Otherwise, you may lose your rights to fair compenstion for any injuries and damages sustained.