What Evidence Do You Need to Prove Premises Liability?
A person who is injured on someone else's property may be entitled to compensation if the injury was caused by unsafe conditions. To succeed in a premises liability case, the injured party must provide sufficient evidence to show that the property owner or occupier was negligent.
At Gierth-Eddy Law Offices PLLC, we understand that these cases can be difficult, and we are committed to helping our In Kennewick, WA clients gather the necessary evidence to prove their claims and secure compensation.
Premises liability cases typically involve situations in personal injury where someone is injured due to a hazardous condition on a property. Whether it’s a slippery surface, a broken stair, or inadequate lighting, property owners are responsible for maintaining their premises in a safe condition.
However, to hold a property owner accountable for injuries sustained in a slip-and-fall accident, certain elements must be established. As experienced personal injury attorneys, we know that gathering the right evidence is essential to proving negligence and securing a favorable outcome for our clients.
The Elements of a Premises Liability Claim
In Washington, to win a premises liability case arising from a slip-and-fall accident, the injured person must establish several key elements. These elements form the foundation of the legal claim and determine whether the property owner can be held liable for the injury:
The property owner or occupier owed a duty of care: A property owner or occupier has a duty to keep their premises safe for visitors. The duty of personal injury care varies depending on the type of visitor (invitee, licensee, or trespasser).
In most slip-and-fall cases, the injured person will be classified as an invitee, meaning they were on the property for a purpose that benefits the owner (such as shopping in a store or visiting a business). Property owners owe the highest duty of care to invitees, which includes making sure the premises are free from hazards.
The property owner or occupier breached their duty of care: In slip-and-fall cases, this typically means showing that the property owner or manager failed to address dangerous conditions.
For example, if there was a spill in a grocery store aisle that wasn’t promptly cleaned up, or if a property owner neglected to repair a broken sidewalk, this could constitute a breach of the duty of care.
The hazard was the direct cause of the injury: The injured person must prove that the hazardous condition directly caused the fall and resulting injury.
For example, if a person slips on a wet floor, they must show that the wet floor was the direct cause of the fall, rather than some other factor, such as their own carelessness.
The property owner or occupier had notice of the hazard: To prove negligence, it’s often necessary to demonstrate that the property owner knew or should have known about the dangerous condition.
In Washington, property owners may be liable for hazards they knew about or that they should have known about had they been exercising reasonable care. This can include showing that the hazard existed for a long period of time, giving the property owner sufficient notice to correct it.
The injury was a direct result of the fall: The injured party must also show that the fall resulted in physical injury. This is typically demonstrated with medical records, testimony from treating physicians, and other medical evidence.
At Gierth-Eddy Law Offices PLLC, we assist our clients in gathering evidence that satisfies these elements and builds a strong personal injury case for premises liability. While the law is clear on the elements of a claim, the evidence required to prove each of them can vary from case to case.
Types of Evidence Needed in a Slip-and-Fall Case
The success of a slip-and-fall case often hinges on the evidence collected after the accident.
A strong personal injury case for premises liability requires documentation and proof of the conditions that caused the fall, as well as the property owner’s responsibility in maintaining or addressing those conditions. Below, we outline the types of evidence that are crucial in proving a slip-and-fall claim in Washington.
1. Photographs and Videos of the Hazard
One of the most effective ways to prove the existence of a hazardous condition is to provide visual evidence. Taking photographs or videos of the scene immediately after the personal injury accident can be invaluable.
This includes photographs of the spill, broken surface, or any other condition that led to the fall. If the condition that caused the fall is not immediately evident, it can be helpful to take photos of the surrounding area to show the context—such as poorly lit areas or areas with excessive clutter.
In cases where the hazardous condition may have been cleaned up or repaired after the accident, photographs taken soon after the fall can serve as crucial evidence. If possible, documenting any warnings or lack of warning signs around the hazardous area is also important.
2. Witness Testimony
In many slip-and-fall cases, witnesses can provide crucial support for the injured party’s version of events. Witnesses who saw the fall or observed the dangerous condition before it caused the injury can be valuable in establishing the hazard’s existence and the property owner’s negligence.
It’s important to obtain contact information for any witnesses at the scene, as their testimony can help confirm details of the incident that may be contested.
In addition to eyewitness testimony, testimony from employees or other individuals familiar with the property’s maintenance or safety practices can also be useful. They may provide information about how long the hazard was present before the accident or whether the property owner had been notified of the issue prior to the fall.
3. Maintenance Records
A critical part of proving premises liability in a slip-and-fall case is demonstrating that the property owner either knew or should have known about the hazardous condition.
Maintenance records can play a significant role in this. For instance, if a property owner was aware of a wet floor or a broken sidewalk but failed to address the issue in a timely manner, maintenance records may reveal that the hazard went unaddressed. This could demonstrate the owner’s failure to meet their duty of care.
If the property owner has regular maintenance schedules or inspections in place, these records can be used to show that the property was not properly maintained or that the condition existed long enough for the owner to take corrective action.
On the other hand, if maintenance records show that inspections or repairs were inadequate or missed, this could support a personal injury claim of negligence.
4. Accident Reports
In many cases, after a slip-and-fall accident occurs, an accident report is filed by the property owner or their staff. This report may include details about the time and place of the fall, the condition of the property, and any actions taken immediately after the incident.
Accident reports can serve as an important source of evidence, particularly if they indicate that the property owner or manager knew about the hazardous condition prior to the fall.
For example, if a store employee files an accident report acknowledging that a spill was left unattended for a long period, this can support a claim of negligence. Similarly, if the report reflects that the hazard was known and ignored, it can be used to show the property owner’s failure to uphold their duty of care.
5. Medical Records and Documentation
Medical records are essential in demonstrating that the injury was the direct result of the slip-and-fall accident. These records help to establish the severity of the injury and provide a link between the fall and the harm caused.
At Gierth-Eddy Law Offices PLLC, we assist our clients in obtaining and reviewing their medical records to build a comprehensive personal injury claim.
Additionally, it’s important to gather evidence of any long-term medical treatment or rehabilitation needed as a result of the fall. Medical testimony, including from treating physicians, can help explain the extent of the injury and how it impacts the injured person’s life.
6. Prior Complaints or Incidents
In some slip-and-fall cases, evidence that the property owner had prior notice of a hazardous condition can strengthen the case. If there have been similar accidents or complaints made about the same hazard before the fall, this can demonstrate that the property owner failed to take proper action.
For example, if a business had multiple complaints about a wet floor or a slippery surface in the same area, it could suggest that the owner knew about the problem but did nothing to correct it. Records of previous accidents or complaints can help establish a pattern of negligence.
Contact Us Today
At Gierth-Eddy Law Offices PLLC, we understand the importance of collecting and presenting strong evidence to support our clients' claims. We have offices in Kennewick and Yakima and serve clients all over the state of Washington, including Richland and Pasco. Give us a call today.