How Evidence Might Be Used to Prove a Slip and Fall Claim
Slip and fall accidents can lead to serious physical injuries. Older adults are particularly susceptible to these types of accidents. Not only are senior citizens more likely than others to be involved in a slip and fall, but they are also more likely to develop serious injuries as a result.
When slips and falls on other people’s properties cause victims to develop injuries, they may be able to pursue compensation from the negligent party whose wrongful actions led to their accidents. In order to do so, they may be required to provide various forms of evidence proving that the injuries they have sustained and the resulting financial losses they have incurred were the result of another party’s negligence.
Without sufficient evidence, it can be difficult to prove that another party’s negligence was the ultimate cause of a victim’s slip and fall. Based on the circumstances of the accident and its outcomes, different types of evidence could be useful to injured accident victims.
If you were injured in an accident on someone else’s commercial or residential property, our slip and fall lawyers may be able to provide you with assistance. To learn more, schedule a free initial consultation by calling 1-800-JUSTICE.
Understanding Premises Liability
Many dangerous maintenance issues, neglected hazards, or unaddressed safety concerns could cause an unsuspecting person to sustain severe injuries as the result of a slip and fall. Loose handrails, recently mopped floors, uneven floors, and improperly cleared ice and snow are among the most common causes of injury-causing slips and falls.
In the immediate aftermath of a slip and fall accident, many victims feel the urge to leave the scene as quickly as they can. Oftentimes, the shock of a surprising and traumatic fall can produce adrenaline in the body, which might diminish or delay the symptoms of serious injuries. Accident victims who try going about their business as usual after a fall could exacerbate by their recovery processes by delaying a visit to the hospital. They could also fail to collect different types of evidence that could be crucial when it comes time to pursue compensation.
When slips and falls happen on or around a commercial or residential property owned/occupied by another party, they are frequently the result of the owner/occupier’s negligence. In accordance with the province’s Occupiers’ Liability Act, the people responsible for a property’s upkeep owe a duty of care to the people who visit their premises. Failing to uphold that duty of care by failing to adequately address potential hazards on-site may be considered negligence.
In the context of premises liability claims, the term “occupier” could refer to:
- Property managers
- Business owners/managers
- Maintenance technicians
- Anyone who controls access to the space
- Anyone responsible for the property’s maintenance
- And possibly more
If it can be proven that a property’s owner and/or occupier acted in a negligent manner, accident victims who sustained compensable injuries in a resulting slip and fall may be entitled to compensation. However, in order prove a direct correlation between the owner/occupier’s negligence and the injury-related financial losses incurred by the accident victim, the injured party and their slip and fall lawyers must compile and present evidence.
Different Types of Evidence
After sustaining injuries in a slip and fall, accident victims often incur substantial financial losses. These are frequently related to:
- Medical expenses
- Pain and suffering
- Mobility aids, assistive medical equipment
- Home modifications to accommodate newly acquired disabilities
- Ambulance services
- Mileage expenses to and from medical appointments
- Housekeeping services
- Psychological counselling
- Lost wages due to missed work
- Reduced future earning capability
- And possibly more
By working with a slip and fall lawyer, injured accident victims may be able to pursue a civil claim against the negligent property owner/occupier whose lack of consideration for their guests’ safety caused another person’s life to be turned upside down. The more compelling evidence presented by the injured victim and their slip and fall lawyer, the more likely they may be to substantiate their claim.
In a recent case, an Ontario man was seriously injured in a slip and fall outside his apartment building. While taking out the trash, the man slipped on a wet substance that had accumulated on the floor and suffered a fall, causing him to sustain physical injuries, emotional distress, and thousands of dollars in medical expenses. When the injured accident victim pursued a civil claim against his building’s property management company, the facts of his case were disputed by the defendant’s legal team. Without sufficient evidence to summarily prove the property manager’s negligence, the injured plaintiff faced an uncertain future.
According to the Rules of Civil Procedure, the court may grant summary judgement without taking the case to trial if the judge is able to dispose of the matter. However, in this case, with only limited proof supporting the accident victim’s claim, the judge could not issue a summary judgment. Instead, the dispute merited a trial in court.
If you were injured in a slip and fall, arming yourself with compelling, irrefutable evidence as early in the claims process as possible may help expediate the process of seeking retribution. Immediately after an injury-causing accident, if it is safe for you to do so, consider taking photos of the accident scene and your injuries, speaking with onlookers and recording their contact information, filing incident reports with the proper authorities, and seeking immediate medical attention to document your condition. Following these steps and keeping detailed records could help you get the compensation you are rightfully owed, and in a timely fashion.
Examples of evidence that might help an injured slip and fall accident victim substantiate their claim include:
- Video surveillance footage of the accident
- Photos of hazards at the accident site
- Eyewitness testimonies
- Police reports, or other incident reports
- Physician reports, results of medical tests
- And possibly more
Contact Preszler Injury Lawyers
When property owners/occupiers neglect their duties and shirk their responsibilities to the safety of others, serious accidents with serious consequences can occur. The people who have been injured because of a negligent property owner/occupier deserve accountability and financial compensation. However, without sufficient evidence, the process of pursuing the restitution they are owed can be a long and complicated one.
By working with a slip and fall lawyer, you may be able to collect and present different types of evidence that might prove crucial to your claim. To learn more about how Preszler Injury Lawyers may be able to help you get the compensation you deserve, schedule a free initial consultation by calling 1-800-JUSTICE.