One of the most common types of accidents is a slip and fall, where a person is injured after losing their footing or tripping due to a dangerous condition, like a wet floor or bunched carpet. If you were hurt on someone else’s property, you may be wondering whether you can pursue legal action to recover compensation for your damages. Understanding the evidence you need to file a successful slip and fall lawsuit is crucial. Continue reading for more information and reach out to an experienced Middlesex County premises liability attorney today.
What is Premises Liability?
Premises liability is the legal responsibility of property owners (or occupants) to keep their property safe for visitors, holding them responsible if someone is injured due to hazardous conditions.
Property owners are obligated to take reasonable steps to maintain a reasonably safe environment, including:
- Inspecting the property regularly to identify hazards
- Conducting maintenance to prevent and repair dangerous conditions
- Taking prompt action to rectify issues
- Cautioning visitors, through verbal or written warnings, about hazards that cannot be fixed immediately
If someone is harmed as a result of a property owner failing to uphold these safety standards, the owner could be held legally responsible for any resulting damages.
What Must Be Proven to Win a Slip and Fall Case?
Slip and fall cases are based on the liability of the property owner or occupant. In order to prove the defendant’s fault and recover compensation, you must be able to prove that they were negligent in some way that violated their legal obligations under premises liability laws.
In general, you must prove:
- A dangerous condition existed on the property
- The property owner owed you a duty of care
- The property owner knew or should have known about the dangerous condition
- The property owner was negligent in repairing or warning about the dangerous condition
- The dangerous condition caused your injuries
- You suffered compensable damages as a result
Essentially, the accident must have been reasonably foreseeable and preventable in order to hold the property owner accountable and win your case.
What Evidence Do I Need for a Slip and Fall Lawsuit in NJ?
To win your lawsuit, you need compelling evidence to demonstrate the defendant’s liability. Depending on the specific circumstances of your accident, the types of evidence that work best will vary.
- Photos and videos of the accident scene and the dangerous condition
- Accident reports
- Witness statements from anyone who saw the fall or the hazardous condition
- Medical records detailing your injuries and treatment
- Documentation of lost wages and other financial losses
- Maintenance records for the property
- Security footage
- Property inspection logs
All of this information is important to paint a clear picture of what actually happened and ensure that you can hold the property owner accountable for their negligence.
For more information and to secure the help of a skilled legal professional, reach out to an experienced attorney at Stathis & Leonardis, LLC today.
