Types of Evidence Needed for a Successful Slip and Fall Case

Whether or not a slip and fall accident case succeeds in California depends on the strength of the evidence. The filing party, known as the plaintiff, must have proof of the required elements of a premises liability case to win. Knowing what evidence to gather after your slip and fall accident can improve your odds of success.

Evidence of a Property Defect

First, there must be proof that the slip and fall accident was related to a dangerous property element, defect or hazardous condition. There needs to be evidence that the property contained a problem that directly caused the slip or trip incident.

Examples include:

• An incident report detailing what happened 
• Photos of a hazard, such as a spill or uneven floor surface
• Videos of the slip and fall accident
• Eyewitness statements
• Maintenance and property inspection records
• Building code or safety violations

Common property defects involved in slip and fall accident cases include slippery surfaces, loose tiles or rugs, exposed cords, dangerous staircases, faulty handrails, cluttered floors, and inadequate lighting.

Evidence of Property Owner Neglect

The legal elements necessary for a successful slip and fall accident case are that 1) the property owner knew or should have known about the defect, and 2) the owner failed to fix the hazard in a timely manner or warn visitors.

To prove these elements, there must be evidence of property owner neglect or negligence, such as:

• Inadequate or skipped property inspections
• Ignored premises defects
• A poorly maintained premises
• An obvious hazard or defect left unrepaired
• Prior safety complaints or compliance issues
• Property maintenance records and cleaning logs
• Expert testimony from safety experts, inspectors or engineers

If a reasonably prudent property owner would have maintained a safer premises that more likely than not would have prevented the slip and fall accident, the defendant can be held liable or financially responsible for the fall.

Evidence of Injuries and Damages

To have a valid slip and fall injury claim, there must also be evidence of damages suffered. This refers to losses incurred by the accident victim because of the slip and fall, such as bodily injuries, medical costs, lost wages, and pain and suffering.

A victim’s damages may be proven with evidence such as:

• Medical records and documentation
• Letters from health care providers
• Testimony from medical experts
• Photos of physical injuries
• An injury or pain journal proving pain and suffering
• Receipts and bills related to accident recovery
• Out-of-pocket costs
• Personal property damage
• Clothing and shoes the victim was wearing
• Pay stubs

In the aftermath of a fall accident in Los Angeles, seek medical attention for your injuries right away. Keep your hospital records and bills. Gather any other documentation, correspondence and records related to your accident to support your claim, as well.

How Can a Slip and Fall Lawyer in Los Angeles Help?

Gathering, preserving and presenting strong evidence to support a slip and fall case in California can be difficult without aid from an attorney. A premises liability lawyer will have the experience, knowledge and resources to collect evidence that clearly shows a dangerous property condition and its connection to your accident.

Your award-winning personal injury lawyer can subpoena evidence, interview witnesses and hire experts to support your injury claim. Bring all the records and evidence you currently have to a free consultation with a slip and fall accident attorney in Los Angeles to learn more.