Pursuing a premises liability case requires gathering and presenting compelling evidence to establish the property owner's negligence and your resultant injuries. Understanding the types of evidence and how to use them is the job of your premises liability attorney; keep reading to learn a bit about what your attorney may use.
Photographic Evidence of the Accident Scene
Photos are indispensable in premises liability cases, as they provide a visual record of the accident scene, capturing details like hazardous conditions, lack of warning signs, and overall maintenance of the property. It's important to take photos immediately after the accident if you're physically able to do so, including different angles and perspectives of where the incident occurred.
For example, if you slip and fall due to a wet floor in a shopping center, photographs showing the absence of "wet floor" signs may help in proving the owner's negligence.
Video Surveillance Footage
Many properties are equipped with surveillance cameras, and obtaining video footage of the incident can be a powerful form of evidence, offering real-time documentation of the accident and the conditions that led to it. This footage can sometimes clearly demonstrate the property owner's failure to maintain safe conditions or their delayed response to a hazardous situation.
Witness Testimonies
Statements from people who witnessed the accident can provide valuable insights into the circumstances surrounding your injury. Witnesses can corroborate your account of the incident and the conditions of the property at the time. Collecting contact information and statements from these individuals soon after the accident is crucial, as memories can fade over time. If you're able, get contact info from witnesses before leaving the area.
Medical Records and Reports
Medical documentation is some of the most important evidence in premises liability cases. These records should detail the nature and extent of your injuries, the treatment you received, and any ongoing medical needs. They establish a direct link between the incident and your injuries, reinforcing the impact of the property owner's negligence on your health.
Property Maintenance Records
Maintenance logs or records can shed light on the property owner's practices and attentiveness to safety. These documents might reveal a history of neglect or show there have been previous incidents similar to yours. For instance, maintenance records showing infrequent inspections or repairs can support your claim that the property was not properly maintained.
Building Codes and Safety Regulations
Referencing specific building codes and safety regulations can strengthen your case, and your lawyer will be familiar with all these codes under state and municipal ordinance. These codes set the standards that property owners must adhere to, so demonstrating that a property owner violated these standards can be strong evidence of negligence.
For example, if a staircase where you fell lacked the required handrail, this violation of building codes can be used to establish negligence on the part of the property owner. Learn more here about how a lawyer can use this type of evidence.
Accident Reports
If the incident was reported to any authorities, such as the police or a property management team, obtaining a copy of this report is important. These reports often contain an objective description of the incident and the scene, which can be useful in your case.
Expert Testimonies
In complex cases, expert testimonies can be very important and really make all the difference. Experts in fields like accident reconstruction, engineering, or safety standards can provide authoritative opinions on how and why the accident occurred, and they are called upon to help explain difficult concepts in a way that laypersons can understand.
Personal Journal or Diary
Keeping a personal journal detailing your recovery process, the daily impact of your injuries, and how they affect your quality of life can provide a more comprehensive picture of the accident's aftermath than just numbers on a page. This personal account can give a "face" to facts and numbers.
Invoices and Receipts for Expenses
Document all expenses related to your injury, including medical bills, therapy costs, and any necessary home accommodations. These financial records provide incontestable proof of the economic impact of your injuries.
Correspondences with Property Owners or Managers
Any communication you've had with the property owner or manager regarding the accident can be relevant. This includes emails, letters, or notes from phone calls discussing the incident or acknowledging the dangerous condition. Such correspondence can demonstrate the property owner's awareness of the hazard and their response (or lack thereof) to it.
