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Personal Injury

The 6 Types of Evidence Used in a Slip and Fall Case

By July 28, 2022August 3rd, 2022No Comments
6 Types of Evidence Used in a Slip and Fall Case

When you are involved in a slip and fall case, the aftermath can be quite serious. What might appear to be a simple accident can easily result in lasting injuries, medical bills, and lost time at work. It’s vital to gather evidence so your attorney can successfully represent your case.

Most slip and falls occur due to poor floor or ground conditions. Places of business are required to keep a clear, hazard-free walking area for public use. If you are injured as a result of their negligence, you should reach out to our attorneys at Mottaz & Sisk Injury Law to answer questions, represent you, and look out for your best interest.

Even if you don’t initially suspect a severe injury, taking necessary precautions is still advisable. When you fall on the premises of a business or government location, you better believe they are already taking steps to deny responsibility.

In this article, we will outline the steps to take immediately after a slip and fall and the six most common pieces of evidence that both sides will use, so you can best prepare yourself for the coming lawsuit.

1. Personal Pictures and Videos

slip and fall injuries

No matter what type of slip and fall case you’re dealing with, nothing compares to pictures or videos of the scene at hand. Slip and fall cases are no exception. Even if you are not severely injured, taking pictures and videos of the area where the fall occurred is important.

A lot of slip and falls occur due to poor conditions. If your fall occurred due to a spill, one of the first things a manager or supervisor will do after making sure you are okay is to have someone clean up the mess. While this may prevent another fall from happening, it also removes a key piece of evidence needed to back up your potential claim.

Weather conditions such as an icy patch or standing water can also result in a slip and fall. These hazards are avoidable by proper planning and maintenance but can also change after your injury occurs.

These are just a few reasons why you should take pictures and videos immediately after your fall. Don’t be afraid to talk to your attorney about your experience and any evidence you may have. Your attorney has ethical and legal obligations to you, including honesty about your case.

2. Eyewitness Testimony

Chances are that someone was around you when you fell. While you don’t necessarily need to get their statement or account of what happened at the scene, ensure you get their contact information. Your attorney can always follow up with them to get their side of the story.

Juries respond to eyewitness testimonies more than some other evidence. Being able to get the point of view from someone who was there makes the evidence more personal and relatable, which can add a new level of persuasiveness to your testimony.

While pictures and videos are often more reliable, hearing eyewitness testimony from someone who was there and observed the conditions of the incident first-hand is an invaluable tool for any personal injury lawyer working on your case.

3. Expert Witness Statement

While eyewitness testimony is helpful, a personal injury lawyer will call upon expert witnesses who can validate your injuries and what caused them. These witnesses can be building code experts who can testify that the place of business violated a code that resulted in your injury. They can also call medical experts who verify that your injury resulted from a fall, not a pre-existing one.

4. Scene Recreation

An accident reconstruction expert can be a valuable witness if your case goes to trial. You may have all the evidence you need separately, but when put together in a recreation of the accident scene, the jury will be able to see precisely how the slip and fall likely occurred.

They can take pictures of the scene, collect eyewitness statements, and survey the area’s conditions to paint a convincing picture for the jury.

5. Security Camera Footage

These days, security cameras are everywhere. They are running 24 hours a day from every angle imaginable. Their primary purpose is for the security of the business. But in the case of a slip and fall, they can be valuable tools for your team of attorneys and accident investigators.

The one disadvantage of these cameras is that they belong to the defendant. That’s why you must contact the lawyers at Mottaz & Sisk Injury Law after the incident. The business or entity will not hand over the video to you and may even alter it if it suits their needs.

Your attorney will know the steps to getting and using that footage to help your case. And the defendant is less likely to try something shady if they know professionals represent you.

6. Local and National Building Codes

When discussing expert testimony, the adherence or lack thereof to building codes can often be the deciding factor in a case. While the defendant may claim that there was no way to prevent the fall and they should not be held accountable, there are likely building codes in place that are there to prevent such incidents from happening.

Whether it’s a lack of lighting in certain areas, failure to clean up after a spill, anti-slip mats that no longer lie flat, or poor maintenance and prevention of likely hazards, your attorney and building code expert can pinpoint any violation of these codes.

At Mottaz & Sisk, we’ll be sure your case is given the attention it deserves.

Contact Slip And Fall Attorney

Contact Mottaz & Sisk Injury Law to Discuss Your Case

Recovering from a slip and fall can be scary, even if you are compensated for pain and suffering. Recovering potential loss and damages based on the negligence of others shouldn’t be nearly as frightening. 

Act quickly if you have suffered an injury from a slip and fall and feel that another party is responsible. Contact our team at Mottaz & Sisk Injury Law today, and we will work hard to ensure you get what you deserve.

Jerry Sisk

Jerry is a Minnesota workers' compensation attorney and work injury lawyer. He a member of the Minnesota State Bar Association, Minnesota Association of Justice, and Anoka County Bar Association. He has 10/10 on Avvo, 5 Stars on Google, AV Rated through Martindale-Hubbell and National Trial Lawyers Top 100. Currently, he is Co-Chair of the Work Comp Section of the Minnesota Association of Justice.