Proving a slip and fall accident claim
Posted June 18th, 2015 by Anthony Carbone, PC.
Categories: Personal Injury, Slip and Falls.
It might seem obvious to you. A dangerous condition caused you to fall and sustain serious injuries. It could be that the sidewalk was uneven, or that the floor was too slippery. Whatever the circumstances, here is some important information for proving a slip and fall accident claim.
Document the Location
If you have fallen and believe your injuries are due to someone else’s negligence, it is important to identify the responsible party. If your cellphone has the capacity to take photographs, capture the address via camera. Otherwise, make sure to write down the information. It is far easier to do this at the time of the accident when the incident is fresh in your mind.
Record the Circumstances
What were the circumstances that led up to your fall? Look around the location. Did you fall because the area was unkempt? Were there objects in the walkway? If there is something that caused a dangerous condition, make sure to make a record of the circumstances. Although pictorial evidence is most illustrative, write down anything you recall about the accident scene. Do this immediately, so you do not forget the details.
Take Note of Warning Signs
Some areas are well known as hazardous accident sites. Property owners may erect signs to alert others of the potential for injury. Document all relevant signage in the proximity of the place where you fell. Your attorney can determine its applicability to your case.
Assembling the Proofs in a Slip and Fall Case
The Law Offices of Anthony Carbone has handled slip and fall accident claims for nearly three decades. The case has two major components. If you have sustained injuries, you most likely have fulfilled the damages part of the claim. This means that you are entitled to some financial compensation to make up for your loss. In order to make this claim, it is necessary to prove another party is liable for your damages. Liability is the second part of every personal injury claim.
In proving a property owner’s liability, it is first necessary to prove ownership. The Law Offices of Anthony Carbone has the resources to research this information. Of course, it is crucial that the injured party supply the correct address of the accident site. Otherwise, a case can be dismissed for failing to name the proper property owner.
When considering a claim for a slip and fall accident, investigation includes discovering answers to the following:
- Did the property owner create a dangerous condition that caused the claimant’s fall?
- Was the property in need of repair or maintenance?
- Should the property owner have been cognizant of the hazards?
- Was the property owner aware of the dangerous conditions and ignored them?
If you have fallen on someone else’s premises and sustained injuries, the Law Offices of Anthony Carbone is here to assist you. Contact us for legal advice concerning your claim.