What Evidence Do You Need to Prove Negligence in a Slip and Fall Case?
Property owners and occupiers must keep their premises safe for visitors, whether that property is a business, home, or apartment building. When a hazard causes an accident, the owner may be liable for a victim’s injuries and related losses. However, some property owners or their insurers will fight aggressively to blame the victim to avoid a payout.
If you are injured in a slip and fall accident in Vancouver, you have legal rights. The lawyers at Warnett Hallen LLP can protect your interests and give you valuable advice on the best way to pursue the compensation you deserve. Contact us today for a free case review.
Who Is Responsible After a Slip and Fall?
The question of who is responsible following a slip and fall accident is not always clear-cut. While the party that owns, occupies, or manages the property will typically be liable, the insurance carrier that covers the business or homeowner where the accident occurred will usually pay the claim.
Parties that may be responsible for a slip and fall accident claim include:
- The homeowner
- The business owner
- An employer
- Builders and construction companies
- Landlords/apartment managers
- A municipality
Proving Negligence in a Slip and Fall Case
The Occupiers Liability Act helps outline what a victim needs to prove to establish negligence. The following elements are essential to a slip and fall claim:
- The property owner or occupier owes the victim a “duty of care” to keep others safe from injury.
- The property owner or occupier breached the duty of care.
- The breach caused an injury.
- The injury resulted in damages.
To show that the owner is negligent in a slip and fall case, you need to show that the property owner knew ― or should have reasonably known ― there were dangerous conditions on the premises and failed to remedy or warn visitors of the hazard. In some cases, it may be enough to establish that the owner caused the dangerous condition to begin with.
Evidence in Slip and Fall Claims
The strength of a slip and fall claim is directly tied to the quality of the evidence supporting your case. Medical records are essential evidence in a slip and fall claim because these documents can link your injuries to the liable party’s breach of care. Witness statements, security camera or surveillance footage, and photographs of the hazard can paint a powerful portrait of how an accident happened. Medical bills and other financial records can help establish there were damages associated with the injury that should be compensated.
Additional evidence that may be useful in a slip and fall accident claim include:
- Accident reports
- Police reports
- Photographs of the hazard
- Receipts for out-of-pocket costs or property damage
In the aftermath of an injury, you shouldn’t worry about gathering this evidence on your own. Hiring an experienced Vancouver slip and fall lawyer means you will have someone in your corner investigating the accident and using the power of the legal system to secure vital evidence before it can be lost or destroyed.
Get Help From an Experienced Injury Lawyer
The legal team at Warnett Hallen LLP are skilled trial lawyers with decades of experience handling slip and fall accident claims in Vancouver and throughout British Columbia. Our team works tirelessly to represent victims, help them cope with their injuries, and alleviate the stress of fighting a claim by themselves.
Learning your legal rights is the first step. Call or contact us today for a free consultation.
