People trip, slip and fall all the time. And while most of these accidents result in nothing serious, some can lead to life-altering injuries. If you sustain an injury on someone’s property, you may pursue them for damages through a premises liability claim.
As with any legal matter, however, you need to prove that the property owner is to blame for your injuries. And this is where the evidence comes in. So, what evidence do you need to successfully litigate a premises liability claim?
Proving fault in a premises liability claim can be tricky
No matter the gravity of your slip-and-fall injury, proving fault and receiving the damages you may be entitled to can be quite tricky. This is especially the case because Florida is a modified comparative negligence state. This means that you cannot receive damages if it is established that you were 50 percent or more to blame for the slip-and-fall accident that resulted in your injury. In other words, you must prove that the defendant bore a greater responsibility for the slip-and-fall in question.
Here are some of the pieces of evidence that you may use to build your premises liability lawsuit:
Witness accounts – witnesses can explain their knowledge of the property (like faulty guardrails or loose cables that have been ignored for a while) as well as the conditions of the day when the accident happened.
Video and photographic evidence – video and photographic evidence of the hazards in the accident area can go a long way in explaining how the property owner failed in their duty of care.
Medical evidence – from X-ray evidence to the doctor’s report as well as ongoing evaluation and treatment records, medical evidence can be crucial when determining the nature of your injury as well as when awarding damages.
A slip-and-fall accident can turn your life upside down. To file a successful claim, however, you need strong evidence. Seeking legal guidance can help you put together the right evidence for your claim.