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Evidence and slip-and-fall accidents

On Behalf of | Jul 5, 2022 | Premises Liability, Slip and Falls

Slip and fall accidents can be serious matters. People who trip on broken concrete or a stack of leaves may suffer broken bones or worse. Traumatic brain injuries are not uncommon when someone falls. Therefore, it often seems reasonable that the victim seeks compensation from the person responsible for the damages. Property owners or renters often become defendants in many slip and fall accidents. Under premises liability statutes, the owner or occupant may be liable for injuries based on the presented evidence.

Evidence and slip-and-fall claims

Evidence could prove that someone’s behavior or lack of care caused an injury. The key point is the person must be negligent in some way. Although a person slips and falls on someone’s property, they might not have a credible civil case. When an intoxicated person falls while wearing the wrong size shoes, it may be challenging to blame a homeowner or restaurant owner for any slips and trips.

However, the claim could become more credible when a railing tears away from a wall due to wood rot. Photographs of the railing and wall could establish some degree of fault. So might witness claims that the owners received several warnings about the railing.

Some cases involve blame on both sides to varying degrees. A victim could be partially responsible for a fall, but the owner might also share responsibility.

Addressing injuries in a civil claim

The cause of the slip-and-fall accident may serve as critical evidence. Uneven floors, cables on the ground, strewn trash, and wet floors are a few common examples. Other evidence could factor into a premises liability claim. Medical records and bills might establish the losses incurred by the victim. So could pay receipts when the victim has to miss work.

Civil courts rely on a preponderance of the evidence and not reasonable doubt. Still, insurance companies may challenge the claim, but effective negotiations and evidence presentations could work in the victim’s favor.