What Evidence Do Lawyers Use to Build Strong Slip and Fall Cases?
Of all the common premises liability claims, slip and fall accidents are surprisingly among the most hotly contested in Pittsburgh. It is routine to hear the property owner’s or insurer’s arguments that there were no hazardous conditions or that the injured person failed to exercise reasonable care.
Slip and fall lawsuits in Pittsburgh often result from dangerous property conditions, which include icy surfaces, broken stairs, and unattended commercial property. Based on Pennsylvania Premises Liability Law, property owners are liable for accidents caused by their failure to repair or warn of dangers which they are aware of.
These lawsuits require irrefutable evidence, which makes documentation crucial for victims. Pittsburgh slip and fall lawyers prove liability and damages by relying on a structured approach to evidence collection and analysis.
Why Is Evidence Particularly Crucial in the Case of a Slip and Fall?
Slip and fall cases, unlike some accident claims, do not often involve independent third-party investigations at the scene. One must establish liability by proving the existence of a dangerous condition and that the property owner knew or should have known about it.
The defense could successfully argue that such a condition was obvious, or not the responsibility of the defendants, without strong evidence to prove otherwise. Well-documented evidence is imperative in satisfying the legal burden of proof.
What Physical Evidence Is Collected from the Scene?
Physical evidence obtained from the site of the accident is sometimes the basis of a personal injury claim for a slip and fall. Lawyers search for pictures or footage of the physical condition, including:
- Wet flooring
- Cracked pavement
- Inadequate lighting
- Loose carpeting
- Absent handrails
They also record the environment surrounding the accident in terms of warning signs, floor mats in the area where the accident took place, and the prevailing weather conditions at the time of the accident, as well as footprints in the accident scene.
The footwear or clothes belonging to the injured party may also be retained in cases where the accident was a result of slipping.
How Do Videos and Reports of Incidents Help Support a Claim?
Some commercial properties have security cameras that can record an incident or what happened prior to it. Attorneys move swiftly to request and preserve the video before it is replaced or disposed of.
Incident reports written by property staff may also help. This includes admission times, witness details, and descriptions of the hazard. Although they cannot provide definitive proof, they present corroborative evidence.
What Is the Significance of Witness Testimonies?
The testimony of eyewitnesses may go a long way in supporting a claim of slip and fall. Witnesses might be used to prove the existence of a dangerous condition, its pre-existence, or that no warning signs had been posted.
Further, evidence from the employees carries considerable weight. Statements about the cleaning schedule, inspections, and previous grievances give rise to the inference that the property owner had actual and constructive notice of the danger.
What Is the Impact on Liability of Maintenance and Inspection Records?
Maintenance records, cleaning schedules, and inspection reports are important pieces of documentation. It will be determined whether the property owner exercised reasonable care at this point for maintaining a safe environment.
Inconsistencies in checks and procedures help prove negligence. However, thorough documentation is needed in building a stronger defense.
Key Takeaways
Key evidence used in slip and fall cases involves:
- Photographs and videos of the hazardous condition
- Security camera footage and internal incident reports
- Statements by witnesses
- Maintenance, cleaning, and inspection records
- Expert testimony regarding safety standards
