When another party is responsible for an injury that results in financial and emotional damages, filing a premises liability claim is often necessary to recover your losses. Our experienced Westchester County Slip and Fall Accident Attorneys are prepared to assist you in compiling the essential evidence required to substantiate your claim. Please continue reading as we explore what you should know about these matters.
Why Is Evidence Crucial in a New York Slip-and-Fall Case?
In a New York premises liability case, the plaintiff (the injured party) bears the burden of establishing the property owner’s negligence, specifically, their failure to maintain the property in a reasonably safe condition. This necessitates the presentation of compelling evidence demonstrating the following elements:
- A hazardous condition existed on the premises
- The property owner knew or should have reasonably known of this hazard
- The aforementioned hazard was the direct and proximate cause of the plaintiff’s injuries
Without robust evidence, property owners and insurance companies may argue that the incident was unavoidable or resulted from the plaintiff’s contributory negligence.
As the plaintiff initiating this civil action, the burden of proof rests squarely upon you. You are required to adduce sufficient evidence to persuade the court that negligence did, in fact, occur. The prompt collection and preservation of this evidence are paramount to increasing the likelihood of a favorable resolution for your case.
What Are Key Types of Evidence in a Slip-and-Fall Lawsuit?
Slip-and-fall lawsuits in New York rely on various forms of evidence to prove that the property owner or manager was negligent and that this negligence directly caused the injury. You should take photos and videos of the specific hazard that caused the fall and the surrounding area as well to provide context. If any witnesses observed the accident, get their contact information as their statements may support your version of the events.
If you are physically capable, you must file a report with the property owner or manager. A copy of this report can provide critical details and show the property owner’s awareness of the accident. In many cases, maintenance records can be utilized to show that the property owner failed to maintain reasonably safe conditions.
When it comes to proving damages, you must gather all medical records. They can be used to prove that your injuries directly result from the slip and fall. Medical records can help you quantify your losses, ensuring you receive fair compensation. Your physician can provide testimony on the nature and extent of your injuries. If you have missed work due to your injuries, you must document your lost wages. Collect receipts for any other expenses you incur as a result of the property owner’s negligence.
The swift collection of evidence and partnership with a skilled attorney are vital steps that can lead to a just resolution. If you or a loved one has sustained an injury from a slip and fall, please don’t hesitate to contact an attorney at Hausman & Pendick. Our legal team is prepared to champion your right to fair compensation.