How Can I Prove Negligence in a Slip and Fall Case?
Slip and fall accidents can cause painful, debilitating injuries. They can also be incredibly expensive. Fortunately, property owners can be held liable for these accidents in many cases. But, filing a claim requires proof of negligence. In other words, you must be able to prove that the property owner, property manager, or other responsible party is to blame for what happened.
At Roberts Wilson, P.A., our Oxford slip and fall lawyers know how a serious injury can affect someone’s life. We are dedicated to helping the wrongfully injured in our community navigate the complex legal process and obtain the maximum compensation they deserve as quickly as possible.
7 Ways to Prove Negligence in a Slip and Fall Case
Here are seven forms of evidence a lawyer may be able to use to prove that your slip and fall accident was the result of someone else’s negligence:
1. Surveillance Camera Footage
Was your slip and fall accident caught on video? If so, the footage could clearly establish your right to financial compensation. Surveillance cameras are becoming increasingly common, and many businesses have cameras in their parking lots, lobbies, showrooms, warehouses, and other areas.
2. Eye-Witness Testimony
If anyone saw you slip and fall, they may be able to provide eye-witness testimony in support of your claim for just compensation. This includes customers, visitors, tenants, employees, and passersby. In short, if anyone saw you fall, your lawyer will want to try to contact them to see if they can provide a first-hand account of what happened.
3. Medical Records
After being injured in a slip and fall accident, it is important to seek medical treatment promptly. When seeking treatment, you should be sure to tell your doctor exactly what happened. This way, your doctor can link your injuries to your accident, and then you can use your medical records as proof that you are entitled to just compensation.
4. Forensic Evidence from the Scene
Depending on why you slipped and fell (and how long it has been since the accident), your lawyer may be able to send an investigator to collect forensic evidence at the scene. To ensure that you have the best chance to recover this evidence, you should schedule a free consultation as soon as possible.
5. Property Records
Your lawyer may also be able to obtain property records or other documentation to prove negligence in your slip and fall case. For example, if the property owner made a repair shortly after your accident, this could strongly suggest that they identified an issue indicative of negligence. Likewise, if internal emails show that the property owner knew of the issue but failed to address it, this could help establish negligence as well.
6. Incident Report
If you reported your slip and fall accident at the scene, the property owner may have prepared an incident report. If an incident report is available, it could also serve as evidence in your case.
7. Your Photos and Testimony
If you took photos at the scene of the accident, these photos could be extremely helpful for proving negligence. Your lawyer may also recommend that you testify about what happened. With this in mind, you should be sure to keep all of the photos you have on your phone, and you should take detailed notes before your memory of the accident starts to fade.
You Might Not Need to Prove Negligence if You Slipped and Fell at Work
While proof of negligence is required to file a premises liability claim against a property owner, it is not required to file for workers’ compensation. If you slipped and fell at work, a lawyer can help you file for benefits regardless of what happened and what evidence is available (except in rare cases, such as if you injured yourself intentionally).
Keep in mind, however, that you may be able to (and may need to) file a premises liability claim even if you are eligible for workers’ compensation benefits. This is because workers’ compensation benefits are limited under Mississippi law. An experienced slip and fall accident lawyer can thoroughly assess your legal rights and help you pursue all claims you have available.
Speak with an Oxford Slip and Fall Lawyer for Free
At Roberts Wilson, P.A., our clients are our neighbors and we are committed to helping every member of our community achieve justice. If you were injured in a slip and fall accident in Oxford, Holly Springs, Batesville, Pontotoc, or any other area in North Mississippi, we encourage you to contact us promptly. Our slip and fall lawyers can conduct an investigation right away and provide a straightforward assessment of your legal rights.
To get started with a free and confidential consultation, contact our office online or at (662) 533-9111 now.