Slip and fall accidents can lead to serious injuries, ranging from broken bones to traumatic brain injuries. When these incidents occur due to someone else’s negligence, you may have the right to recover your damages. However, proving fault or negligence is not always easy, and it is crucial to gather the right evidence to support your claim.
At Nelson Personal Injury, LLC, our experienced Minnesota slip and fall accident lawyers are dedicated to helping victims build strong cases by thoroughly investigating and compiling essential evidence.
Slip and fall claims are common in Minnesota. In order to have a valid slip and fall claim, you must prove that there was a dangerous or hazardous condition on the person’s property, that they knew or should have known about the dangerous or hazardous condition, and that they didn’t take any steps to remedy or warn of the dangerous or hazardous condition.
Our team is here to explain seven types of important evidence used to prove negligence in slip and fall cases, ensuring you have the knowledge needed to pursue justice effectively.
1. Photographic and Video Evidence
Visual evidence is one of the most important types of evidence in slip and fall cases. Photographs and videos depict the hazardous conditions that led to the accident, making it easier to establish negligence. Here’s how:
Photographs
Quickly take pictures of the scene immediately after the fall, capturing the dangerous condition (e.g., wet floors, uneven surfaces, or spilled substances). Ensure that the photos clearly show the hazard that caused your fall, as well as the surrounding area.
Security and Video Footage
Request access to any available security camera footage from the property owner or manager. Surveillance videos can provide an unbiased account of the incident, showing the exact moment of the fall and highlighting the hazardous condition. If the property owner will not provide you with the security footage, ask them to preserve any and all footage, preferably in writing.
2. Witness Statements
Eyewitness testimony can significantly strengthen your case by providing first-hand accounts of the facts and circumstances of the accident. Witnesses can confirm the existence of dangerous conditions and the circumstances leading to the fall. Their statements can be an important piece of proving fault on the property owner.
Identifying Witnesses
Identify anyone who saw the accident or was present at the scene. Obtain their name and contact information so that they can be contacted in the future if need be.
Witness Statements
Your lawyer or their investigator may contact witnesses in order to procure written or verbal statements detailing what they saw. These statements should include descriptions of the hazardous condition, the events leading up to the fall, and any actions taken by the property owner or manager.
3. Incident Reports
An incident report documents the details of the accident and is typically completed by the property owner, manager, or another responsible party. This report can serve as crucial evidence in your case.
Requesting the Report
Immediately report the slip and fall accident to the property owner or manager and request a copy of the incident report, if one is created. Ensure that the report includes accurate and comprehensive details about the accident.
Reviewing the Report
Review the incident report carefully, noting any discrepancies or omissions. Your personal injury attorney can use this report to corroborate your account of the accident and identify any admissions of fault by the property owner.
4. Medical Records
Medical records provide documented evidence of the injuries sustained in the slip and fall accident. These records are essential for establishing the extent of your injuries and linking them directly to the incident.
Seeking Immediate Medical Attention
Seek medical attention immediately after the accident, even if your injuries seem minor. Prompt medical evaluation ensures that your injuries are documented and treated appropriately.
Detailed Documentation
Ensure that your medical records include detailed descriptions of your injuries, treatment plans, and any long-term implications. These records will be critical in demonstrating the impact of the accident on your health and well-being.
5. Maintenance and Inspection Records
Property owners have a duty to maintain safe premises and regularly inspect for potential hazards. Maintenance and inspection records can reveal whether the property owner failed to uphold this duty, contributing to the dangerous condition that caused your fall.
Obtaining Records
Your Minnesota slip and fall accident lawyer can request maintenance and inspection records from the property owner. These records should detail routine maintenance activities, conducted inspections, and any repairs made. This shows not only what actions the property owner did or didn’t take, but also shows whether they met their duty of inspecting to property for dangers and hazardous conditions.
Identifying Negligence
Review the records to identify any lapses or negligent practices on the party of the property owner. For example, infrequent inspections or delayed repairs can demonstrate the property owner’s failure to maintain a safe environment.
6. Expert Testimony
Expert testimony may sometimes be necessary to establish negligence and the causal link between the hazardous condition and your injuries. Experts can provide specialized knowledge and analysis that supports your claim.
Types of Experts:
- Building and Safety Experts: These professionals can assess the property to determine if any code violations, unsafe conditions, and maintenance deficiencies existed during the accident.
- Medical Experts: Medical professionals can testify about the nature and extent of your injuries and link them to the slip and fall accident.
- Accident Reconstruction Experts: These experts can recreate the accident scenario, providing insight into how and why the fall occurred.
Your Minnesota injury attorney will identify and retain suitable experts to provide testimony that bolsters your case. Expert opinions can lend credibility and weight to your claims in court.
7. Documentation of Economic Losses
Proving negligence in a slip and fall case also involves demonstrating the financial impact of the accident. Documenting economic losses, such as medical expenses, lost wages, and other related costs, is crucial for securing fair compensation.
Collecting Receipts and Bills
Keep detailed records of all medical bills, prescriptions, rehabilitation costs, and any other expenses incurred due to the accident.
Proof of Lost Wages
Document any time missed from work and the corresponding loss of income. Pay stubs, employer statements, and tax returns can serve as evidence of lost wages.
Future Costs
Consider future economic losses, such as ongoing medical treatment or reduced earning capacity. Your attorney can help estimate these costs and include them in your claim.
Contact Our Experienced Minnesota Injury Attorneys
Gathering the right evidence is paramount in proving negligence in slip and fall cases. From photographic evidence and witness statements to medical records and expert testimony, each piece of evidence plays a crucial role in building a strong case.
At Nelson Personal Injury, LLC, our dedicated slip and fall accident lawyers are committed to helping you compile and present the evidence needed to secure the compensation you deserve. If you have been injured in a slip and fall accident, contact us today to schedule a consultation at your earliest convenience. Your path to justice starts with the right evidence and the right legal team by your side.
