Winter weather in New Jersey means you are at risk of slipping and falling on icy surfaces. When a property owner fails to keep their premises safe, and you are hurt as a result, you could recover compensation through a personal injury claim.
Property owners have a legal duty to keep their property safe from dangerous conditions. When you are injured due to these dangerous conditions, you could hold the property owner responsible.
Premises liability and negligence
Slip and fall claims are a type of premises liability lawsuit and based on the legal concept of negligence. A property owner who breaches their legal duty to keep their property safe is negligent if that failure causes your injury.
Duty, breach, causation and damages are the four elements of negligence. You must prove each one to recover compensation after a slip and fall injury.
While sometimes we all slip and fall and only sustain a few minor bruises, sometimes a slip and fall causes major injuries that require costly medical treatment and time off from work. This is when filing a personal injury claim based on premises liability could be in your best interest.
You will need different forms of evidence to prove your slip and fall claim and build your case for negligence. Some common examples of evidence include:
- Photo or video evidence
- Police or accident report
- Witness statements
Photo or video evidence are some of the best types of evidence to prove your case. Many businesses or properties today have video surveillance cameras. If the property you were injured on does not have cameras, check with neighboring property owners to see if they have a camera that picked up your accident on video.
Talking with witnesses
Since most of us always carry phones with a camera on us, there is a fair chance that someone took a picture of your slip and fall accident, particularly if it was major. When you talk with witnesses, ask if any of them photographed or recorded the incident.
Even if they do not have any photo or video or evidence, witnesses who were there when your injury occurred can help you prove your case. They can provide necessary details and back up your version of events.
Talk with witnesses at the accident scene itself. You do not need to have a detailed conversation with them at that point. Your focus should be on seeking immediate medical treatment. However, exchange contact information with witnesses so you can follow up with them later.
If the police arrived at your accident scene, obtain a copy of the police report. Sometimes business might be required to file an accident report. Talk with the business owner and request a copy of the accident report.
Expert witnesses
Expert witnesses can also be extremely valuable evidence to prove your case. An expert witness could testify about how the dangerous conditions could have been prevented or about how your accident has affected different areas of your life, such as your ability to perform your job.
Gathering evidence and building a case might be the last thing on your mind as you focus on recovering from an injury. But taking the time to build a strong case can make a huge difference in the outcome.
