Have you been injured in a Slip and Fall accident?
It’s important that you have a bit of historical background regarding the injured person’s obligations proving a 2012 slip and fall case. Prior to July 1, 2010, Florida enjoyed a reputation as one of the best states for slip and fall cases. Not anymore. Now the opposite is true. In order to have claim for a slip and fall case, you must provide proof.
Basically, for your case you need to prove:
A) that the defendant had prior knowledge about the condition that led to the accident
B) that the defendant could have done something about that condition.
List of Types of Slip and Fall Accidents
There are several categories of falls that are eligible for compensation from the property owner, including, but not limited to:
- Slip-and-fall – insufficient warning of a slippery or wet walking surface
- Trip-and-fall – an object blocked the way with no safety barrier or warning of its presence
- Step-and-fall – a hole or other uneven aspect to the area, causing you to lose your balance
- Stump-and-fall – a protrusion “catches” or “snags” your foot causing you to fall
Gathering Evidence in a Slip and Fall
If that is impossible, then you must prove that the defendant should have foreseen the incident due to the repetitive dangerous conditions. Rightfully this is the job of your lawyer. But what I am trying to tell you is: it is difficult to prove what someone “knew”, especially a business owner who knows what to do to protect their interests.
For better or worse, our society has developed technology that has made things possible that were not at my disposal 10 years ago. For example, most businesses now have security cameras which your lawyer should move to collect into evidence or demand preservation of the video footage of your fall and the surrounding area. This can be extremely helpful. Keep this in mind however, a “spoliation” of evidence letter to a potential defendant is not necessarily going to save your case.
I realize there are a lot of other serious issues in your case and what’s discussed above is just a foretaste. Please consider giving me a call. Meet me (not an investigator or paralegal) at a free appointment and let’s discuss your specific case in much more detail.
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