A slip and fall claim needs solid evidence to prove fault in order for you to win the compensation you need. The kind of evidence a Florida slip and fall claim requires can be quite extensive and complicated to collect. If you were hurt because of a fall on someone else's property, you need to consult a personal injury attorney to help determine whether you have a legitimate case for a claim and a good shot at winning compensation.
Proving a Florida Slip and Fall Claim Requires Proving Negligence
An irresponsible proprietor or business owner can be held liable for your monetary losses, such as medical expenses and wages, as well as other types of damages that may be attributed to your accident.
In order to receive this type of compensation, your personal injury attorney will have to prove that the owner of the property was clearly at fault. The key in holding a property owner liable is proving negligence was a factor in maintaining a standard level of safety on the premises.
Proving property negligence may come in the form of reports, complaints and other written materials. This type of evidence shows the property owner was aware of the perilous circumstances existing in the area and did nothing about it.
Defining "Premises Liability"
In Florida, a slip and fall claim will be tied to the laws governing premises liability. This type of liability law stands to award compensation if a dangerous condition existed on the premises and the proprietor purposefully neglected the situation or failed to provide proper warning.
If your case can prove an act of negligence existed on the property and caused your injury, you may be able to recover damages for the harm you received.
Types of Evidence Materials Used to Establish Facts in a Premises Liability Case
Third-party reports are some of the best evidence. This documentation may describe the events leading up to the slip and fall, the injuries sustained and your subsequent medical care.
These may be obtained from your:
- ambulance report;
- hospital visit;
- follow-up checks with doctors;
- specialists’ records;
- pharmacist; and
- accident documentation by law enforcement officials.
Digital Media is Helpful Evidence Too
Another solid type of evidence is digital media. If your accident was caught on camera by photographs or videotapes, your case is that much stronger. Checking with eyewitnesses and people that were in the surrounding environment may result in a visual recounting of the incident to back your words.
Documentation Citing an Unsafe Environment
Finding out if a property owner had previously been cited for having an unsafe environment by the city, county, state or federal regulators would be ideal in a Florida slip and fall claim. However, any type of report indicating a proprietor knew of an unsafe or dangerous condition on the premises is crucial evidence for Florida slip and fall claims.
Interviewing any eyewitnesses to the incident can help substantiate your case. Also checking with the property owner’s:
- contract workers;
- delivery personnel; or
- other types of individuals familiar with the premises may prove beneficial.
These eyewitnesses may be able to corroborate the perilous circumstances on the property and help establish whether they were common knowledge.
Get Legal Help Now – Contact an Experienced A Slip and Fall Attorney
Evidence of a property owner’s negligence is important in winning a slip and fall claim. Florida injury law is complex. The goal of the insurance company is to pay as little as possible to settle your claim. Obtaining the compensation you deserve is the job of an experienced personal injury lawyer you can trust.
Have You Been Injured In A Slip And Fall Accident?
If you've been hurt in a slip and fall accident you should speak with an experienced personal injury attorney as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free consultation.
If you want to learn more, start by requesting a free copy of our legal guide, Dangerous Trips to Avoid in Your Fall Case.