Evidence to Gather for a Slip and Fall Lawsuit

ASK TIM A QUESTION
NO COST TO YOU!

“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny

Evidence to Gather for a Slip and Fall Lawsuit

You’ve probably seen cartoons where a character slips on a banana peel. It’s often exaggerated and played for laughs. In real life, there’s nothing funny about walking along, minding your own business, then suddenly slipping on a hidden hazard. In fact, there is at least one case in which a plaintiff really did suffer injuries due to a rotten banana peel on a train platform.

Victims of slip and fall cases are sometimes maligned in the media or court of public opinion, but the truth is that anyone can be seriously injured in a slip and fall accident. According to the National Floor Safety Institute, about a million people per year visit the emergency room due to a slip and fall.

Slip and fall accidents can leave you seriously injured, confused and worried. Here’s what kind of evidence you can help your attorney gather.

What to Prove in a Slip and Fall Case

Slip and fall cases are a type of premises liability action. Premises liability is based on a theory of negligence. Your lawyer will have to prove that:

  1. There was a safety hazard on the property;
  2. The owner or property manager knew or should have known about the hazard;
  3. They failed to remove the hazard;
  4. The plaintiff slipped and fell thanks to the hazard, and
  5. The plaintiff suffered actual harm as a result.

Evidence You’ll Need

Slip and fall cases typically hinge on whether the owner knew about the hazard and had time to remedy the problem before the accident. Another big question is whether the owner or employees created the hazard and failed to clean it up before customers were exposed to the risk.

Here are just a few of the pieces of evidence that you and your attorney may be able to collect:

  • Photos right after the accident, including the scene, your injuries and clothing
  • Medical records, including related diagnoses, prescriptions and surgical procedures
  • Surveillance footage from the business or neighboring businesses, depending on where you fell
  • Witness testimony from guests, employees, previously injured victims or passersby
  • The business’s cleaning or maintenance records, proving they failed in their cleaning duties
  • Any city citations or other records showing the business had a record of failing to remove hazards

Your attorney will take care of most of these evidence requests, but you can help by getting witness numbers, photos of your injuries and related items whenever possible.

Talk to an Ohio Attorney Today

Have you been injured in a slip and fall accident? You don’t have to suffer financially—you deserve to be compensated for your losses. Call me today at 877.944.4373 to discuss your case. I can help you get compensation for your medical costs, lost wages and more. I’ll Make Them Pay!®

Blog Categories
3.7
Based on 130 reviews
powered by Google
Krystle Banks
a year ago
DeAndre Merritt
2 years ago
Jake Ferri
3 years ago
I have no case and no one that I need Tim Misney to make pay, just wanted to say the best part of my day is getting to ... read more
Jennifer Malainy
3 years ago
My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM ... read more
C M V
3 years ago
I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful, prof... read more
Stephen Burks
3 years ago
It really comes down to what people say and do when they don't think anyone that matters is listening or they'll get an... read more
mark colucci
3 years ago
Mr. Misny is an angel here on earth and the BEST attorney in Ohio. He has helped my daughter who is in law school when ... read more
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
3 years ago
Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil Pur... read more
Gianna Colucci
3 years ago
Mr. Misny is the best! I am a 27-year-old single mother, and I am finishing law school in May at Cleveland-Marshall Col... read more
Brandon Hagerdon
4 years ago
I met Tim 6 years ago when he was working with my mother. Since then we were able to stay in touch and build a relation... read more
Jimmie Graham
4 years ago
Tim is hands down the best lawyer in town. He was able to guide me through the legal process and keep me informed at al... read more
Paul McFadden
4 years ago
My relationship with Tim goes back over 30 years and is one of great trust and mutual respect. Tim represented me at a... read more
Rick Miller
4 years ago
If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in th... read more
PJ Camargo/Authentik Movement Training
5 years ago
I've had the pleasure of getting to know Tim personally over the past 2 years. Beyond him being an incredible lawyer &a... read more
Scott Plate
5 years ago
Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once f... read more
Mike M
5 years ago
As a young man, I worked at a local garden center. I came from a family that had too many problems to list. I felt I wa... read more
Eric Evans
5 years ago
Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his exper... read more
Benjamin Firstenberg
5 years ago
I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal ... read more
David Shelton
5 years ago
I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave ... read more
Mike Mercer
5 years ago
WOW! It is the only way to describe the tremendous experience I was afforded, when I contacted and then retained Tim Mi... read more
More reviews

Recent Blog Posts

Lawsuit and workers comp

Can I Sue My Employer and File for Workers’ Comp at the Same Time?

After a workplace injury, many employees wonder what their rights are—and whether they can hold their employer accountable while also collecting workers’ compensation. In Ohio, ...
Read More →
Injured by a Distracted Driver

Injured by a Distracted Driver? Here’s What You Need to Know

The moment remains vivid in your memory: You were driving safely when suddenly another vehicle slammed into yours. The other driver was looking at their ...
Read More →
 3 Common Signs of Medical Negligence in Birth Injuries

 3 Common Signs of Medical Negligence in Birth Injuries

The birth of a child should be a joyful moment. But when something goes wrong due to medical negligence, families are left with heartbreak, uncertainty, ...
Read More →
Can Dashcam Footage Help Win My Car Accident Case?

Can Dashcam Footage Help Win My Car Accident Case?

Car accidents can be life-altering, leaving victims with physical injuries, emotional distress, and financial burdens. In Ohio, establishing fault is important for securing compensation, as ...
Read More →

ASK TIM A QUESTION
NO COST TO YOU!

THE LAW OFFICES OF TIM MISNY

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127
Mailing Address:
Interstate Square I
4230 Chillicothe Rd. Ste 200
Willoughby, Ohio 44094

Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.