Slip and fall accidents can happen virtually anywhere, whether in a supermarket, restaurant, parking lot, apartment building, or on a poorly maintained sidewalk, and unfortunately, these accidents can sometimes result in serious injuries that follow a person for months or even years. That being said, if you were hurt because of a dangerous condition on someone else’s property, you and your personal injury lawyer will need to gather and present evidence to prove as much. Continue reading and reach out to a seasoned Union County slip and fall lawyer from The Mark Law Firm to learn more about the most valuable types of evidence when it comes to personal injury claims and how we can help you fight for the compensation you deserve and need to heal. Here are some of the questions you may have:

What Do I Have to Prove in a New Jersey Slip & Fall Claim?

Slip and fall cases are generally handled under New Jersey premises liability law, which essentially requires property owners to take reasonable steps to keep their premises safe for those lawfully on the property. Of course, the exact circumstances of every accident are different, but to successfully bring a claim, you may have to establish the following:

  • A dangerous condition existed: This may include a wet floor, broken staircase, accumulated snow or ice, cracked pavement, loose carpeting, inadequate lighting, debris, or another unsafe condition.
  • The property owner knew or should have known about it: In many cases, you will need to prove that the owner either had actual knowledge of the hazard or that the condition existed long enough that he or she reasonably should have discovered it.
  • The dangerous condition caused your accident: You will also have to demonstrate that the hazardous condition was actually responsible for your fall and resulting injuries.
  • You sustained damages: Finally, you must show that you suffered losses because of the accident, such as medical bills, lost wages, pain and suffering, or other financial and non-financial damages.

Rather obviously, the stronger the evidence you have establishing each of these elements, the better positioned you may be to pursue a successful claim.

What Evidence Can Help Prove My Slip & Fall Case?

Some of the most useful evidence you should try to preserve can include the following:

  • Photographs and videos: Pictures of the dangerous condition, surrounding area, lighting, weather conditions, and your injuries can help show exactly what the scene looked like at the time of your accident.
  • Surveillance footage: Video from a store, parking lot, apartment complex, or nearby business may show the fall itself or establish how long a hazardous condition was present.
  • Incident reports: If you notified a property owner, employee, landlord, or manager of your accident, a written report can help document when and where it occurred.
  • Witness statements: Anyone who saw the accident or noticed the dangerous condition beforehand may provide important testimony concerning what happened.
  • Medical documentation: Emergency room records, diagnostic tests, physician notes, and other records can establish both the existence and severity of your injuries.
  • Maintenance and inspection records: These records may demonstrate whether inspections were performed, complaints had previously been made, or repairs were needed before your accident occurred.
  • Proof of financial damages: Medical bills, pay stubs, employment records, and other documentation may be used to establish the economic losses caused by your injuries.

Why Is Evidence of Notice So Important?

Perhaps one of the most important, and oftentimes most disputed, issues in a New Jersey slip and fall claim is whether the property owner had notice of the dangerous condition. Essentially, a property owner generally cannot be expected to correct a hazard that he or she had no reasonable opportunity to discover.

For example, if someone spills a drink in a supermarket and another customer falls almost immediately afterward, proving that the store should have known about the spill can be difficult. On the other hand, if surveillance footage shows that the liquid remained on the floor for a substantial amount of time, employees repeatedly passed it, or customers previously complained about it, you may have considerably stronger evidence that the store reasonably should have corrected the problem.

This is precisely why preserving evidence soon after an accident can be so important. Witnesses can become difficult to locate, physical conditions can change, and video footage may not be retained indefinitely.

Ultimately, if you were seriously injured in a slip and fall because of an unsafe property condition, you should consider speaking with a knowledgeable New Jersey personal injury attorney. The Mark Law Firm has decades of experience representing injured clients in New Jersey, and we’re here to put that experience to work for you. Contact our firm for a free consultation today.