Protection of evidence, along with efforts to take the proper initial actions help to strengthen a slip-fall claim, and increase the claimant’s chances for winning that same case.
Suggested initial actions
Report accident to premises owner or responsible authority as soon as possible. For best results, make that report within 24 hours of the injury-causing incident.
Consider sending a letter of notification. That could serve as evidence that a timely report was submitted by the victim.
Get the names and contact information for any witnesses.
Get some pictures of the accident site; do that before either man or nature has made any major changes to that particular location.
Seek medical attention; when explaining the reason for your injury, give an accurate description of the fall. Explain what sort of condition managed to increase the likelihood that someone could fall at that particular spot. Was there a wet spot on the ground, a crack in the floor, a torn carpet, poor lighting, or a missing sign that could have signaled a warning?
Actions to avoid
Do not provide the defendant’s insurance company with a recorded statement. The attorney for that same company would then look carefully for any piece of information in the recorded statement that was different from some fact to which a witness had referred, when presenting testimony at discovery, or during the trial.
Do not miss a scheduled medical appointment. A defense attorney could allege that such an action suggested the absence of a major injury.
Do not delay with seeking more evidence, such a video footage that was taken at the time of the slip-fall incident. Stores do not keep their video footage for an extended amount of time. Still, if you find that some valuable footage has vanished, do not fees that you are certain to lose your case. Property owners are supposed to cooperate with anyone that was injured on their premises.
Personal injury lawyer in Etobicoke knows that you should not fail to preserve evidence, such as pictures and damaged clothing. Also save the shoes that you had on when you tripped or slipped and fell down. The defense lawyer might suggest that you were not wearing substantial footwear.
Other arguments that the members of the defendant’s legal team might make
• That the plaintiff had failed to pay attention to where he or she was going, during the minutes just before the falling incident
• That the plaintiff had ignored a warning sign, or had overlooked a warning about the existing dangers at that specific location
• That the plaintiff had ventured into a spot that members of the public were not supposed to enter.
