How do you prove negligence for a slip and fall accident?

by Oct 1, 2019Personal Injury, Slip and Fall Injury

How do you prove negligence for a slip and fall accident?

by Oct 1, 2019Personal Injury, Slip and Fall Injury

How to prove negligence for a slip and fall accident case
How to prove negligence for a slip and fall accident case

The last thing we expect to happen to us when traveling or enjoying ourselves socially is to trip or slip and fall accident. It’s a nightmare and embarrassing at the same time. Often, we don’t know what to do or who is to blame. The only thing we know is that we are hurt, and our health has taken a nosedive. Depending on where you’re located, you may need to act fast for reporting purposes.

Proving negligence for a slip and fall accident

There are falls across the world. They either happen daily in different states or they are occurring frequently in your own neighborhood. One thing is for sure, not everyone reports them if their injuries don’t warrant an ambulance. It’s often what happens days or months later that makes the injured person seek legal and medical attention. You might discover you’re in for the fight of your life. You’ll need the right legal counsel to see you through the whole ordeal. This will have your emotions running high and you’ll be looking for solutions. Consider these steps if you need to prove negligence for a fall.

What happened?

Once the trip or slip and fall accident has occurred, most people have struggled to remember what exactly happened. We could be confined to a hospital bed for weeks or months and recently woke up. Trip or slip and falls are not always a small tumble where you go home and forget about it. They happen at a moment’s notice throwing us off guard. One minute your talking to a friend, and within a few seconds you’re on your back. If you are going to prove anything, you’ll need to know what happened. This is asking a lot if you’ve been seriously injured, but you’ll be happy you did it in the end. Try your best to organize your story so it makes sense. Understandably, your emotions will elevate. Give yourself some time to think and mentally revisit the accident. Write down all the details so you can tell your side of the story. This way you don’t have conflicting statements with others. Know your story back and forth, so you don’t have to struggle to tell it. Keep in mind, always tell the truth. Never think of making up stories as this behavior only comes back to haunt you.

Where were you?

Your location means everything when proving a trip or slip and fall accident. Were you at a backyard brunch at a golf course? Did you fall on the stairs at a relative’s house? It makes a difference as all insurance companies will rush to protect themselves at all costs. They will have an investigative team start getting statements and trying to interview you at length. This scenario could push you to get some legal representation before things blow up and get out of control. The last thing you want is for them to blame you for the entire accident. No one says we can’t hurt ourselves at our cousin’s house and find ourselves in court fighting for damages either. It happens and not everyone wants to be liable for an accident they feel is not their responsibility. You might want to return to the location and take pictures. Maybe there was a defective sidewalk that caused you to trip and fall.


Proving a trip or slip and fall accident might mean being your own detective. Your attorney will appreciate the extra documentation to make a sound decision about getting involved. Don’t try to be your own lawyer but try to find witnesses who could have saw the accident. Go about this slowly as everyone isn’t a fan of other people’s problems. While at the location, visit any nearby businesses. Talk with staff members to see if they recognize you. Ask if they remember seeing your accident. It’s possible someone was on break or happened to look out the window right at the time you fell and hit your head. The bottom line is that you never know until you ask. For witnesses willing to talk and share information, get their full name and phone number. They might get called into court and become a big part of your case. Never push anyone to be a witness as this might create problems for you down the line. Only speak to those who are willing to get involved and have pertinent information.

Surveillance Cameras

Surveillance cameras are very prolific in today’s world. If your trip or slip and fall happened to take place at a business establishment, there is a very strong likelihood that the fall was captured by surveillance cameras. Most businesses are under no obligation to retain a copy of the video of your fall unless requested to do so in writing. It is imperative to put the business on notice to preserve the video surveillance footage of the fall as soon as possible or the footage will get erased as a normal part of the business practice. This probably more than any reason, is why it is imperative to retain an attorney as soon as possible in order to protect your rights and to enable your effective pursuit of justice.

Call A Lawyer

Consider getting legal assistance if you’re convinced you to have a trip or slip and fall case. As noted above, waiting only delays the process for justice to take its course. Don’t let the toll of the accident cause additional stress. Seek professional legal help and speak to an attorney. Let them guide you on how to prove negligence for a fall. You can at least get general information on what’s your next step. If you are in serious pain, then have a friend or a relative call for you. The smart thing is to seek out an attorney before it’s too late to take any kind of legal action against the liable party.

These are some of the ways you can prove negligence for a trip or slip and fall accident. Make sure you understand what happened and be able to articulate your story. Write down all the details and anything that comes to mind about what you experienced. Know where you were at the time of the accident. You will likely be up against a big corporation ready to dodge your every attempt to get compensated. Figure out exactly where you walked or was sitting during the accident. Try to get witnesses who can corroborate your story. Talk to those who want to help. Contact a slip and fall accident attorney immediately so they can begin building a defense.

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