The Importance of Physical Evidence
Posted Monday, June 15, 2015 by Chris Thayer
In this article, an experienced Seattle slip and fall attorney explains the importance of collecting and protecting any evidence of your slip and fall accident.
Keeping The Evidence
Unless every effort is made to protect the evidence of your accident, it may be difficult to prove later on that it ever took place. It will be up to you and your attorney to acquire and safeguard anything that can be collected as physical evidence of your accident, so that when your case goes to trial, that evidence can be produced in court. Otherwise, you have nothing to substantiate your charges, and your case can be seriously jeopardized if not lost completely.
Your Shoes
Under no circumstances should you throw away the shoes you wore when you fell. In fact, they should be put in a safe place and not worn again, because their condition can have a bearing on your case. If you have thrown them away, it will be up to your attorney to find and obtain a similar pair and this can be difficult. It will also not carry the same weight that the actual pair of shoes you had on would carry. The property owner, manager or administrator is obligated to see that the flooring is safe and stable, and that it does not present a danger to people wearing shoes made from the materials most frequently used in the manufacturing process.
If it can be shown that the floor presented some kind of risk, this can demonstrate a clear failure of duty on the part of the property owner. However, it may be necessary to show that your shoes were not of a sort that would normally slide on a properly maintained, ordinary floor. In such a case, your own shoes must be examined in order to show that it was the floor, not the shoe, that was the problem.
Rugs Or Mats On The Floor
If you tripped on a mat or rug, it is important that the defendant not be allowed to get rid of it. Since these are often changed out when they get damaged or soiled and they take up valuable space in a storage room, businesses often simply throw them away. You and your attorney must be able to retrieve the mat for examination and testing, or the information it contains can be irretrievably lost.
Food Items
Produce dropped on the floor of a grocery store can often present a slipping hazard. You don’t need, however, to keep the spinach leaf that caused your fall. If you can snap a picture using your phone, that will serve the purpose. Any spinach leave will do for demonstration during the trial.
Your Slip And Fall Attorney Can Help
If you are trying to file a slip and fall lawsuit, you will need experienced counsel. Contact Chris Thayer, your Seattle slip and fall attorney, today.