
The icy surfaces and snowy sidewalks of the existing weather conditions create a perfect environment for slip and fall accidents. If you’ve suffered an injury due to a fall, having a witness should make your case stronger, should you decide to sue the property owner. If there’s no witness, however, proving your claim can be difficult, but not impossible. Follow these tips to prove negligence in a slip and fall case with no witness.
If your condition allows, use your smartphone camera to capture as many photos of the accident as possible before leaving the space. This should be done immediately so that no one has the opportunity to alter the scene, such as clearing away ice or snow that caused you to fall. Also, the ice can melt if you choose to capture the scene afterward.
The images depicting snow and ice on the premises at the instant of the accident incredibly improves your chances of succeeding, even if you couldn’t secure a witness.
When faced with a slip and fall at a commercial property, many people will avoid reporting the slip and fall to the higher authorities of the business. While this doesn’t bar you from filing your claim, juries and insurers will question the credibility of an accident that was not timely reported and had no witnesses either.
If your injury was severe enough to demand emergency response, the incident would automatically elevate to higher management. If you’re able to stand up and walk following the scenario, be sure to find the owner or highest manager ranking supervisor and inform them, as well as send a notification letter afterward. Notify the city or town authorities as well.
No matter how negligible your injury is, visit your doctor or nearby clinic without any delay. If you don’t immediately seek healthcare treatment, the jury and your insurer will assume that you may not have been hurt at all.
Keep in mind that juries and insurance companies won’t trust your claim if the medical records are inconsistent with your story. Thus, you must clearly state to your health care providers that the injury has been caused by a slip and fall accident at the specified commercial property.
A slip and fall accident occurs when someone slips, trips, or falls as a result of a dangerous condition on someone else’s property. These accidents can happen anywhere, such as in a store, on a sidewalk, or at a friend’s house.
Common causes include wet or uneven floors, icy sidewalks, poor lighting, cluttered walkways, and defective stairs or handrails.
The property owner or occupier can be held liable if they failed to maintain the property in a safe condition or did not provide adequate warning about potential hazards.
In Illinois, you typically have two years from the date of the accident to file a personal injury lawsuit. It’s important to act quickly to preserve your legal rights.
Yes, if you can prove that the property owner’s negligence caused your injuries, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.
Illinois follows a modified comparative negligence rule, which means you can still recover damages as long as you were less than 50% at fault for the accident. Your compensation will be reduced by your percentage of fault.
Common defenses include arguing that the injured person was aware of the hazard, that the property owner took reasonable steps to address the hazard, or that the accident was caused by an unforeseeable event.
While taking these steps should certainly help, the attorney you choose makes a huge difference to succeeding in your slip and fall claim. If you’re located in Kenosha, WI, John V. O’Connor is the best personal injury lawyer to assist you with your slip and fall accident claim. With regards to your slip and fall claim, you’ll find yourself in a strong position with this experienced attorney.
(Updated 10/31/2024)