Types of Evidence

Attorney Jonah Wolfson

In Miami, a slip and fall claim needs concrete evidence to prove fault in order to win a compensatory award. The kind of evidence a Miami slip and fall claim requires can be quite extensive and at times difficult to compile and complicated to collect.  The following are some of the types and forms of evidence used to establish facts in a slip and fall case:

a. Third-party Reports

These are some of the best evidence to assist in establishing the necessary elements in your case. This documentation may describe the events leading up to the slip and fall, the injuries sustained and your subsequent medical care. Examples are: your ambulance report; hospital visit records; follow-up checks with doctors; specialists’ records; pharmacist records; and accident documentation created by law enforcement officials on site.

b. Digital Media

Types of Evidence Another firm type of evidence is digital media. If your accident was caught on camera by photographs or videotapes, your case is that much stronger.  This is why we encourage photographic and video recorded documentation of the accident with your phone or camera enabled device as soon as possible after it occurs. Checking with eyewitnesses and those who were in the surrounding location of the accident may result in a visual recounting of the incident to back your words.

c. Documentation Citing an Unsafe or Illegal Environment

Finding out if a property owner has a history of slip and fall incidents or has previously received notices or citations for having an unsafe or illegal environment by the county, city, state or federal regulators and/or agencies would be ideal in a Florida slip and fall claim.  Any type of report indicating a proprietor/manager/owner knew of an unsafe or dangerous condition on the premises (actual notice) is decisive evidence for Florida slip and fall claims.

d. Eyewitness Accounts

Interviewing any eyewitnesses to the incident can help substantiate your case. Also checking with the property owner’s employees; contract workers; delivery personnel; or other types of individuals familiar with the premises may prove beneficial to your cause.  Corroboration is the goal here. These eyewitnesses may likely be able to corroborate the hazardous circumstances and conditions on the property that led to your slip and fall and thus help establish whether they were commonly understood and recognized.

e. Photographic Evidence

Photographs of the condition that caused the accident can be used to show a jury or insurance adjustor that a condition is dangerous.  Also, an expert can use them to ascertain whether or not a specific condition fell below the applicable ADA, Florida Building Code, or other codes, regulations or laws designed to protect someone just like the Plaintiff.

Routinely, we enlist the services of expert investigators, expert witnesses and specialized consultants to assist in pursuing your slip and fall case. We do not shy away from investing in these experts, as they are essential to the strength or your case and maximization of your recovery. We retain these experts and consultants to handle a variety of tasks and to provide detailed and informed discussion and evaluation particular to your case and injuries sustained.

Consultants and expert witnesses who may provide expert witness testimony regarding slip and fall accidents and injuries are quite common in the field and exist across the board. Experts may consult on issues involving coefficient of friction testing, handrails, and holes and cracks in the street or sidewalk. Consultants found within their various areas of expertise may provide reports regarding railings, barriers, slip and fall accidents, and slip and fall injuries. They may also testify on slippery conditions, stairs, and weather stripping, lighting issues, notice issues, and any and all issues stemming from the physical injuries and impairments suffered as a result of a slip and fall accident.


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