Preserving evidence in your California slip and fall lawsuit is crucial for proving negligence and liability, as it can make or break a claim. Key evidence, such as photos of the hazardous condition, security footage, witness statements, and medical records, helps establish how your accident occurred and whether the property owner failed to maintain a safe environment. Since hazards can be quickly cleaned up, repaired, or disputed, immediately documenting the scene ensures critical proof is not lost.
Presenting a successful case in a slip and fall accident requires concrete and compelling evidence. Because the outcome of your case relies solely on you to prove to the court that negligence was a factor, we highly advise you enlist the help of an experienced Los Angeles slip and fall attorney at Salamati Law. Contact us today to schedule a free consultation.
Why is Preserving Evidence Important in a Slip and Fall Lawsuit?
California law requires plaintiffs to meet a burden of proof, so preserving evidence is essential for securing fair compensation for medical bills, lost wages, and pain and suffering. Here are some tips on the preservation of evidence:
Clothing and Footwear
The best way to preserve clothing and footwear is to store them in a sealed plastic bag or airtight container without washing or altering them. This ensures that any dirt, moisture, or substances (such as spilled liquids, grease, or cleaning chemicals) remain intact as potential evidence.
Photograph the clothing and shoes from multiple angles before storage to document any tears, scuff marks, or stains that may support your claim. Keeping them in their original condition can help demonstrate the hazardous conditions that contributed to the fall and may serve as key evidence in proving negligence.
The defendant’s insurance company or attorneys may allege that you were responsible for the slip and fall because you wore inappropriate or unstable footwear. Preserving the shoes in the condition they were in during the fall will show actual heel height, tread quality, and other factors.
Photographic and Video Evidence
Few forms of evidence are as critical in proving a slip and fall claim as photographs and videos taken immediately at the scene of the accident. Capturing clear images of the hazard that caused the fall, such as wet floors, uneven pavement, torn carpeting, or poor lighting, helps establish negligence before the property owner can fix or remove it.
If you are too severely injured to take photos, ask a companion, witness, or bystander who assisted you to document the scene on your behalf. Additionally, take pictures of your injuries, as they may show swelling, bruises, or cuts that developed due to the fall.
Your attorney may also obtain video surveillance footage from the establishment, a nearby business, or a residence with security cameras that captured the incident. Since most security footage is automatically overwritten within days or weeks, acting quickly and hiring a lawyer as soon as possible is crucial to preserve this vital evidence. They can also send a formal request or legal notice to prevent the video evidence from being deleted, strengthening your case with objective visual proof of the hazardous condition and the fall itself.
Other Important Sources of Evidence in a Slip and Fall Lawsuit
Other sources of evidence in a slip and fall lawsuit include the following:
Medical Records
Always seek immediate medical attention after a slip and fall injury at an emergency room or urgent care center. Delaying treatment not only puts your health at risk but also gives the insurance company an opportunity to argue that your injury was either not serious or caused by something unrelated to the accident.
Prompt medical evaluation creates a clear record linking your injuries to the fall, strengthening your claim and ensuring you receive proper care. Your medical records are essential documentation that proves the nature and extent of your injuries and your expected prognosis.
Witness Statements
If anyone witnessed your slip and fall, obtain their name, address, and contact information. At the scene, ask them to write down or record what they saw while the incident is still fresh in their minds.
Accident Reports
Reporting the incident to the property owner, manager, or supervisor is essential. Request that they file an incident report and ask for a copy before leaving the premises or as soon as it becomes available. If they refuse to provide one, note the date, time, location, and details of the conversation for your records.
Additionally, keep a detailed record of interactions with the property owner, manager, or employees following the accident. This includes phone calls, in-person conversations, emails, and text messages, as these communications may support your case if there are disputes about how the accident occurred or whether proper safety measures were taken. Take screenshots or save copies of all messages to avoid losing critical details.
Schedule a Free Consultation with Salamati Law
Our experienced attorneys understand the complexities of proving fault in a slip and fall accident. We can handle all legal matters associated with your case, offering you the guidance and representation necessary for a successful outcome. We will guide you through the process of gathering and preserving essential evidence, ensuring that your claim is built on a solid foundation.
Schedule a free, no-obligation consultation today. Since we work on a contingency basis, you pay no legal fees unless you receive compensation. While most cases are settled, we will go to trial if the insurance company does not agree to a reasonable settlement.
