Shocking facts about slip and fall accidents you should know:
- Every year, more than 1 million people visit the emergency room due to slip and fall accidents
- It costs around $30,000-$40,000 to treat an average slip and fall injury
- 5% of slip and fall accidents involve broken bones
The second statistic is what you should focus the most on. $30,000 is not something everyone can afford. In some cases, it can cost more too. Slip and fall accidents are usually the result of negligence. So, to put it plainly, you are supposed to spend $30,000–$40,000 because someone forgot to keep a wet floor sign. Is this fair? Absolutely not.
This is why it is necessary to file a lawsuit. You can claim the money you spent on treating your injuries as compensation from the at-fault party. They caused the accident, so they should pay for the treatment, which is fair. If you have been a slip and fall accident victim, contact a skilled slip and fall injury lawyer to file a lawsuit and obtain compensation for your losses.
As an average citizen, you might not know how to prove liability. Worry not. This blog post will help you understand how to prove liability.
7 Tips to Prove Liability in a Slip and Fall Accident Case
In slip and fall accident cases, the plaintiff (the victim) bears the burden of proof. It means the victim must prove that the defendant acted negligently, which led to the accident. Following are some tips you should follow to prove liability in a slip and fall accident case:
- Medical records
- Hire a lawyer
- Collect witness statements
- Get CCTV footages
- Expert opinions
- Proof of reporting the hazard
- Proof of a lack of warning signs
Medical Records
Medical records can prove that you sustained injuries due to the accident. It is important to prove that you have sustained injuries since you cannot get compensation if you don’t have any injuries. It can also help to show that the injuries you have are new and were caused by the accident, not preexisting conditions. Showing that you sustained injuries is one of the four elements of personal injury law that you need to prove.
Hire a Lawyer
This is the best tip out of all seven. Once you hire a lawyer, you can just sit back, rest, and recover. A lawyer will investigate the accident scene, gather evidence against the defendant, negotiate with the insurance company, and obtain fair compensation for your injuries. A lawyer will have connections with expert witnesses and private investigators who can help you prove liability and win the case.
Collect Witness Statements
Witness statements can play a huge role in slip and fall accident cases. They can help you determine liability. Usually, in slip and fall cases, the defendant will have a different story. They will try to shift the blame onto you. But witness statements can prevent that from happening. Speak with witnesses and get their contact information at the accident site. Once you get a lawyer, give the details you collected to your lawyer. They will know how to use it effectively.
Get CCTV Footages
Video and photographic evidence can help a lot in proving liability. Look for CCTV cameras around the accident site. If there are CCTV cameras available, try to access them with the permission of the respective owners. Lawyers can help you obtain CCTV footage legally.
Expert Opinions
Expert opinions are a great way to establish liability. Experts like doctors and private investigators can help in slip and fall accident cases. Private investigators can look at the accident site and deduce the cause of the accident. As said, a lawyer will have a connection with them.
Proof of Reporting the Hazard
Let’s imagine you were hurt in a slip and fall accident in a supermarket due to a slippery floor. Getting proof that someone previously reported that hazard could be useful. It means that the property owner was aware of the situation but chose not to take any action to fix the hazard. This can prove liability in slip and fall accident cases.
Proof of a Lack of Warning Signs
When there is a hazard on a property, it is the property owner’s duty to post warning signs and clear the hazard as soon as possible. If the owner doesn’t post a warning sign, they can be held liable. You can snap photographs of the accident scene to prove that the property owner didn’t post a warning sign to prove liability.
Takeaway
Proving liability is an important aspect of a slip and fall accident case. The plaintiff must prove the negligence of the defendant, since they bear the burden of proof. Speak with a lawyer to learn more about what you can do to prove the liability of the at-fault party.
