Evidence of Fault in a Premises Liability Case
At Donaldson & Weston, our goal is the same as yours—to win the settlement or verdict you deserve without any unnecessary delays or complications. The most important factor in determining whether this goal is achieved is the strength of the available evidence.
Much of this evidence may be susceptible to being altered or destroyed by the liable party. For instance, the dangerous condition that caused your injury might be fixed before it can be documented, and surveillance footage might be overwritten. Our St. Lucie County premises liability attorneys know the importance of conducting the investigation at the earliest possible point in time. We will review the incident and/or police report, talk to witnesses and, if necessary, file subpoenas to obtain evidence that’s being withheld by the defendant.
To recover damages, it must be shown that the defendant breached the duty of care owed to you (or to your deceased family member in the case of wrongful death), and that this breach of duty caused damages. Here are a few kinds of evidence your St. Lucie County premises liability lawyer might use to prove liability:
- Photos and Surveillance Footage: If you weren’t able to take pictures of the hazard that caused your injuries, don’t worry; there may have been surveillance cameras, or perhaps an eyewitness took pictures. Our lawyers will consider all potential sources of evidence when investigating your accident, and if the defendant refuses to relinquish the surveillance footage, we can apply legal pressure to obtain it.
- The Incident Report: If you were hurt on a commercial property, it’s likely that an incident report was drafted. This is a standard procedure at many business establishments since these reports give the company’s legal team insight into what exactly took place. If you haven’t yet received a copy of this report, try requesting it in writing. Our premises liability lawyers can also request a copy on your behalf. If police attended the scene, we’ll also review their report to determine how it might contribute to the strength of your claim.
- Testimony from Eyewitnesses: Did anyone see the accident? Did you record their contact details? Even if you didn’t, it may be possible for your attorney to track down eyewitnesses to obtain their statements.
- Other Evidence of Liability: Since each premises liability claim is unique, the types of evidence used to support one claim could be very different from the evidence used in another. For example, if you were hurt in a slip and fall at a supermarket, important evidence may include the shoes you were wearing at the time of the accident and any documentation detailing the business establishment’s cleaning and inspection procedures. If you were attacked in a dimly lit parking lot, your attorney might use crime statistics in the area to prove the property owner hadn’t taken reasonable steps to keep invitees safe.
At Donaldson & Weston, we have many years of experience representing clients in premises liability cases. You can rest assured that we have the skills and resources to help you navigate every step of the proceedings and to fight for the highest possible settlement.