How To Prove That The People Responsible For Your Fall Knew About The Hazard

Posted on: 25 June 2015

Slip and fall accident cases are frustrating for the person who was injured because that person is often depending on the settlement to pay off medical bills caused by the injury. One of the major obstacles to getting the compensation that you need is proving that the people who own the property were actually at fault. This can be achieved in a number of different ways.

1. Getting a Sworn Witness

You can get a witness who has been sworn in by the courts to produce a testimony that makes it clear that the people who own or manage the property knew about the hazard. If your foot got caught in a large crack that's very easy to fall into or if it got stuck in an uneven floorboard, then you are going to need to prove that the property owners knew about the crack or loose floorboard and willingly did not take steps to fix it or put a sign above it. If it's a loose floorboard, you're going to need someone who works on the property to provide a statement that says that he or she saw the floorboard. Having maintenance provide a statement saying that they knew about the floorboard but that it was deliberately put lower on the priority list will also work.

2. Looking at Video

Another way to identify that the crack or loose floorboard has been there for a long time is to get video of the property. If you can find a camera that has video of the area where you fell, you might be able to use it to prove that the crack has been there long enough for the owners of the property to have had enough time to notice it and get it fixed or at least put up signs to tell people about the possible danger. If you are considering using video evidence, then you are going to want to request footage of the area as soon as possible in order to make sure that the video isn't inadvertently deleted.

3. Using the Incident Report

At large stores or companies, an incident report needs to be filed for every customer that is injured in the store. This report will include valuable details about your fall, including the fact that the people who own the property acknowledge that it happened.

For more information, talk to an attorney like Putnam Lieb that specializes in slip and fall cases.