After a slip and fall caused by a property owner’s negligence, use your smartphone to take video or photos of every aspect of the accident scene before anyone can fix or remove the hazard. Be sure to include wide and close-up images from multiple angles, ensuring you capture the overall environment. Success in a premises liability case requires as much slip and fall proof as possible. If you are so seriously injured that you cannot record the scene, ask a companion or witness to do it.
Contact an experienced Los Angeles slip and fall lawyer at Salamati Law if you have sustained a serious injury. Time is of the essence when collecting evidence, including surveillance footage from nearby businesses, traffic cameras, and in-store or restaurant security systems. We can negotiate with the property owner’s insurance company and fight for fair compensation for your losses. Schedule a free consultation today.
Document the Scene Thoroughly
Property owners are required to keep their premises in a reasonably safe condition for visitors. To prevail in a slip-and-fall case, the plaintiff must prove the property owner or manager was negligent, meaning the defendant had actual or constructive notice of the hazardous condition and failed to correct it or provide an adequate warning within a reasonable time.
Here is how to document the accident scene thoroughly:
- Take photos from every angle. Capture wide shots that show the overall environment, close-ups of the hazard itself, and multiple perspectives from different directions to demonstrate how visible (or hidden) the danger was to someone walking through the area.
- Record the area around the hazard, for example, spilled liquids, uneven flooring, broken stairs, loose cables, or poor lighting, so there is clear documentation of the conditions that caused the fall.
- Include photos or videos of your injuries. Document them from the day of the accident through the healing process, capturing different stages, angles, and lighting to show changes over time.
Remember that your videos and photos document what is there and anything missing, such as a warning sign, which can help your claim.
Take photos of your clothes, shoes, and any damaged items, such as jewelry, a handbag, or any items you carried. Do not clean your clothes or shoes; avoid repairing damaged items without consulting an attorney. Store everything in a paper bag to preserve evidence, as plastic bags can trap moisture and damage the items.
Other steps include:
Record Eyewitness Statements
Use your smartphone to record the statements of eyewitnesses. Have them state their names, addresses, and contact information, and then ask them to describe what they saw. If there were no eyewitnesses to your fall, and surveillance footage is unavailable, your video documentation may be the only evidence you have.
Record Your Own Statement
Try to record your own account of the incident as soon as possible. Your statement should include the date, location, and time of day. While you should describe in detail the events leading up to the accident and the slip and fall, do not admit fault in your statement.
Document Your Recovery
Use your smartphone to document your medical treatment and recovery. Keep a digital diary of all doctors’ appointments and rehabilitation sessions. Since it is essential to attend all appointments and follow your treatment plan, keeping a diary can help protect you from insurers who may claim you failed to follow your doctor’s orders. Along with your medical records, your phone can store receipts, prescriptions, and other information about your injury.
Find a Platform to Organize Your Documentation
It is critical to keep all documentation related to your case organized and easily accessible. This includes medical records, bills, correspondence, photos, witness statements, and insurance paperwork. Apps like Evernote and Microsoft OneNote can help you manage files. In addition, widely used cloud storage platforms like Google Drive and Dropbox allow you to securely store, categorize, and share information with your attorney when needed.
Contact a Los Angeles Slip and Fall Attorney for a Free Consultation
If you suffered a serious slip and fall injury due to property owner negligence, you need the help of a skilled Los Angeles slip and fall lawyer at Salamati Law. Schedule a free, no-obligation consultation today. Most slip and fall cases are settled, but we will pursue litigation if the insurance company fails to agree to a fair settlement amount.
