Supporting A Slip And Fall Argument With Witness Difficulty

Posted on: 19 January 2015

Slipping and falling on public, private or commercial property can pose a lot of confusing questions in terms of legal responsibility. There may be missing information, such as a lack of witnesses or cameras to capture the incident. Consider a few ways to get around difficult circumstances and prove your case more easily.

Proving Fault When No One Is Around

After falling, it's important to note the surroundings. Even if you're in great pain, knowing why you fell and who could possibly be at fault can change the outcome of a compensation battle.

If you're in a shopping mall, grocery store or other retail location, it's easy to slip and fall on spilled liquid, slippery solids or rain water brought in by other pedestrians. There should be a caution sign noting the slippery situation, but if you've been taken to the ground by carelessness and no one saw it, you'll need to think creatively.

Most locations should have a camera system that keeps an eye on patrons, employees and product. Request camera footage for an hour before, after and during the incident to get a compelling image of when you fell.

If the company wasn't running the camera or footage seems to be missing, that can still be a challenge point for you. Consult a slip and fall attorney to find out if the company was negligent in not keeping accurate records, or make a strategic suggestion about tampering if only the fall footage seems to be missing.

Calling Out To Witnesses After An Incident

If the witnesses exist, but are nowhere to be found, you'll need to reach out to them using local media. News outlets, social media posts and public advertisements can help you find the people who saw the incident and would be willing to help.

Witnesses may be apprehensive to step into a legal battle, especially if they don't trust the legal system with their information. To assist them, ask a slip and fall attorney if they can submit information anonymously. If they have footage via cameras or mobile devices, your attorney can receive the information to use for your benefit.

Digital information such as videos and pictures can be emailed or uploaded to online storage services, which can be used to safeguard the information and share more easily. If a copy is lost or a device destroyed, the information can be retrieved or resent easily. Get in contact with a slip and fall attorney like those at Putnam Lieb to plan your defense.