Slip and Fall Series: What Proof Do I need to Win My Case?
Posted February 19th, 2016 by Anthony Carbone, PC.
Categories: Personal Injury, Slip and Falls.
Throughout this series, we’ve established that if you have a slip and fall accident on someone else’s property, chances are the responsibility lies with the property owner. However, how can you prove this?
This is the tricky part when it comes to any type of personal injury claim, especially slip and fall cases. There are usually two main questions you have to answer for to prove your case: Who is liable for the accident and were their negligence the reason for the accident. In addition, you need to prove that you weren’t the cause of the accident yourself – something that the property owner might use as a defense against you.
To prove liability in a slip and fall accident case you’ll need to answer the following answers:
- Did the hazardous condition or obstacle exist for long enough period of time that the property owner should have taken action to eliminate the hazard?
- Did the property owner attempt to warn you and other on his/her property of the existing danger? For instance, were there signs or a barrier preventing you from going into the location?
- Does the property owner regularly check for potential hazards? For instance, after a snowstorm, will he/she check if the property is free of snow or ice?
- Was limited visibility a factor in the accident? For instance, the property was poorly lit at the time of the accident.
If you can answer these questions that proves the property owner was negligent, then you have a case on your hands. Now you’re going to have to prove that you weren’t the cause of your own accident such as ignoring warning signs, horsing around at the time of the accident, or having a legitimate reason for being on the property in the first place.
After an accident, the best thing to do is record everything you can remember about the accident. Photos will be a major help in your case as well. Then, contact the Law Offices of Anthony Carbone to schedule a free consultation to speak with an experienced attorney.