Slip and Fall

How to Prove Fault in a Slip and Fall Claim

Posted in Accident Information,Slip and Fall on September 25, 2019

Slip and fall accidents are some of the most common causes of customer and guest injuries in Omaha, Nebraska. Shopping malls, grocery stores, and other businesses may fail to reasonably prevent customer falls by ignoring spills or failing to post warning signs. After a slip and fall accident that causes serious injuries, you may be eligible for financial recovery. Obtaining this recovery, however, will take proving one or more party’s fault for the fall.

Report Your Accident Right Away

Failing to report your slip and fall to a manager or supervisor could immediately hurt your chances of securing compensation. If you do not report your accident, there might not be any record of it happening. The defendant could argue the fall did not happen the way you said it did since no record of events will exist. Although another form of evidence, such as surveillance footage, may support your claim, notifying someone of your fall can protect you.

Tell an employee, supervisor or business owner about your slip and fall accident right away. Describe exactly what happened. For your own notes, write down the name of the person you spoke to and how he or she reacted to the information. If the employee fails to file an official accident report or even to remedy the hazard, it could be further proof of the store’s negligence.

Gather Evidence

Take pictures of important evidence that could serve your case in the future. This includes the location of the fall, the hazard that caused you to slip, your personal injuries and other relevant details. The evidence you gather from the scene could provide important proof of someone’s negligence during your injury claim.

  • Photographs of the store and floor
  • A written description of what happened
  • Time and location of the accident
  • Video or surveillance footage
  • Copies of accident reports
  • Maintenance records
  • Sweep logs
  • Repair or service documents

You should also keep copies of information that prove your injuries, such as letters from doctors, official diagnoses, test results, x-rays, prescriptions, and treatment plans. A lawyer can help you gather evidence such as maintenance logs from the store. If you contact an Omaha slip and fall attorney right away, he or she can call the store immediately and request an order of preservation. This will force the company to preserve and submit its cleaning and maintenance records during the discovery phase of your case.

Subpoena Witnesses

Another action your lawyer can take during discovery is to subpoena the defendant or witnesses. A subpoena orders someone to attend court or a hearing. Subpoenas can help your lawyer gather sworn testimony about your slip and fall accident. The defendant or an eyewitness may have pertinent details that help your case. Requesting statements in the form of depositions can serve as important proof during your claim.

Hire a Slip and Fall Lawyer in Omaha

Proving liability in a slip and fall accident claim takes establishing a few main elements. First, the property defect or hazardous condition existed long enough that a reasonable business would have noticed and repaired the defect. Second, the defendant was negligent in remedying the issue. Third, your injuries occurred because of the defendant’s negligence. Fourth, you suffered compensable harm in the slip and fall. You or your lawyer must prove the fall was foreseeable, yet the defendant did nothing to prevent it.

Hiring a slip and fall accident lawyer can ease the burden of proof during a premises liability lawsuit in Nebraska. Your lawyer can visit the place where you fell to help you collect evidence. He or she can then use this evidence to build a case against one or more responsible parties. Your lawyer can handle the claims-filing steps and negotiate for a settlement award that suits your damages. An attorney with experience can help you prove fault after a slip and fall.