The Attorney’s Role in Gathering Evidence for Slip and Fall Claims

Posted On January 16, 2025 / By Manning Law / Slip and Fall

Falls account for over 8 million emergency room visits every year – according to data from the CDC.

Slip and fall claims may seem straightforward on the surface: you fall on someone else’s property; they cover the cost of the injuries you sustain.

Unfortunately, the path between your accident and receiving a rightful settlement is not always this simple.

At Manning Herington Accident & Injury Attorneys, we’ve managed hundreds of slip and fall accident cases in Colorado. Proving negligence in these claims tends to be more complicated than many victims assume – and everything hinges on evidence.

In this post, we’ll explain the evidence required to create a slip and fall case – and the attorney’s role in getting the highest possible settlement.

Understanding Slip and Fall Claims

Slip and fall claims happen when someone gets hurt due to unsafe conditions on someone else’s property. This can be a private property, public property, business establishment, and so on.

Some of the most common slip and fall accidents we see include:

  • Loose railings
  • Icy walkways
  • Broken stairs
  • Cracked pavement
  • Potholes
  • Loose floorboards
  • Unsecured rugs
  • Poor lighting
  • Debris/clutter
  • Wet floors

The primary factor in slip and fall accidents is premises liability law. This law holds property owners legally responsible for injuries or damages that occur on their property due to unsafe conditions. Establishing negligence requires you to prove the owner provided inadequate maintenance, dangerous structures, or insufficient security measures.

Why Gathering Evidence is Important in Slip and Fall Claims

The process of collecting evidence in a slip-and-fall lawsuit involves establishing four key elements to validate the personal injury claim.

1.Duty of Care

To reiterate premises liability law, owners are required to keep their property reasonably safe for guests. This duty can vary based on the legal status of the guest, including:

Invitees

These visitors generally refer to customers of a business. Owners have the highest duty of care to these guests.

Licensees

Licensees are social guests with permission to be on the property – typically at a private residence. Owners are required to (at the very least) warn these visitors of any potential hazards.

Trespassers

These are people on a property without the owner’s permission. Duty of care is very limited for these guests. In Colorado, owners cannot intentionally harm these individuals, unless it is in self-defense.

To establish duty of care in a slip and fall accident, you need to show who owned the property at the time of the incident, and that they were aware (or should have been aware) of their obligation to keep it safe.

This may involve collecting the deed to the property and maintenance records – which is typically done by a slip-and-fall lawyer.

2.Breach of Duty

Once the duty of care is established, the next step is proving the owner violated this duty of care. To determine if there was a breach of duty, the property owner’s actions (or inactions) are compared to what a reasonable property owner would do to keep the premises safe.

Key factors we see in breaches of duty include:

Failure to Inspect the Property

Property owners – both business and residential – are expected to regularly inspect their premises for hazards. Common examples of this failure include:

  • Not checking for spills in a grocery store.
  • Ignoring routine checks for loose flooring or uneven walkways.

Failure to Repair or Remove Hazards

If the property owner knew about a hazard (or should have known) through regular inspections, they are responsible for fixing it. Examples of this include:

  • Leaving a broken step unrepaired for weeks.
  • Allowing snow or ice to accumulate on a walkway.

Failure to Provide Warnings

If a hazard cannot be immediately fixed, property owners are expected to provide clear warnings of the danger. Examples include:

  • Failing to place a “Wet Floor” sign after mopping.
  • Neglecting to block off a damaged staircase.

A personal injury lawyer will work to gather evidence in slip and fall accident cases – which will prove there was a breach of duty – placing liability on the property owner.

3.Causation

Causation in a slip-and-fall accident works to create a direct link between the property owner’s negligence and the injuries suffered by the victim. In slip and fall cases, there are generally two factors that play into causation:

Cause-in-Fact (Direct Cause)

The injury must be a direct result of the property owner’s negligence. If the hazard had not existed (or was dealt with properly), the injury would not have occurred. A common example would involve a customer slipping on an unmarked wet floor in a grocery store. If they fall and suffered a fractured arm (or any other bone), the wet floor would be the direct causation of the injury.

Proximate Cause (Foreseeability)

Proximate cause means the property owner failed to reasonably anticipate that the condition of the property could lead to harm. For example, someone falling down a staircase due to a broken step is a foreseeable cause that could lead to an accident.

Proving Causation

To establish causation, you need to demonstrate the following:

  1. The Hazard Existed and Was Negligent
  2. The Hazard Directly Caused the Fall
  3. The Injuries Were Caused by the Fall

When you work with an attorney in a slip and fall injury claim, the process will involve showing the property owner’s actions (or inactions) created the hazard, they knew about it, or should have known about it through reasonable inspection.

From here, you will need to gather evidence that the dangerous condition (no other factors) caused the slip and fall – and then prove that your injuries were sustained during the accident.

4.Damages

Damages in slip-and-fall cases refer to the physical, financial, and emotional harm experienced as a direct result of the accident. To recover compensation, the injured party must prove that the hazard caused these damages.

The types of damages can be broken down into three categories: economic damages, non-economic damages, and, in rare cases, punitive damages.

Economic Damages

These refer to the tangible losses incurred by a victim after a fall occurred, including medical bills, lost wages, property damages, future medical treatment, and more. To prove these damage, victims will need to gather every invoice, bill, receipt, etc. that factored into the aftermath of the accident.

Non-Economic Damages

Non-economic damages are the intangible effects of the accident – and can be difficult to prove. These involve pain and suffering, reduced quality of life, emotional anguish, and more. When you work with an attorney, they will help you quantify these damages based on the severity and factor it into the injury claim.

Punitive Damages

Punitive damages are relatively rare in slip and fall accidents. These typically come into play if the property owner’s actions or inactions (which led to the accident) were egregiously bad. For example, a business owner purposely neglecting required maintenance for several years may be enough to warrant punitive damages in the event of an accident.

Types of Slip and Fall Claim Evidence

Every personal injury lawsuit is based on evidence. In these types of accidents, victims and their attorney will need to gather the following pieces of evidence to support the claim:

Photographs or Videos

These should capture the accident scene, showcasing the hazardous condition and providing visual proof of the situation that led to the slip and fall.

Witness Statements

If someone saw the accident happen, accounts from this individual (or individuals) testimonies can corroborate your version of events and add credibility to your claim.

Medical Records

These documents work to establish a direct link between the injuries suffered during the slip and fall incident, detailing the treatment and the impact on your health – as well as financial losses.

Incident Reports

Generally filed with the property owner or manager, these reports serve as formal documentation of the event, outlining what happened and when. In most cases, these pieces of evidence come into play if the accident occurred at a business establishment.

Surveillance Footage

If available, footage from security cameras can provide an unbiased view of the accident and the conditions that caused it, capturing details that might have been missed otherwise.

Maintenance Records

These records can show whether regular checks and upkeep were performed on the premises, indicating negligence if a hazard was ignored.

The Attorney’s Role in Building a Strong Case

Gather, Organize, and Present Evidence

The attorney will work with the respective parties to collect all relevant evidence. This is then examined to pinpoint the property owner’s negligence and establish clear liability.

Quantify Damages

An attorney will work to assess the full impact of your injuries, considering medical expenses, lost wages, and any pain and suffering you’ve endured. Injury firms can calculate these damages and place a monetary value on the claim – making sure nothing gets overlooked.

Negotiate with Insurance Companies

Negotiating with insurance companies for a fair settlement tends to be the most difficult aspect of personal injury cases – and is a very challenging step for victims who attempt to represent themselves. The attorney negotiates with insurance companies (and other opposing parties) to secure fair compensation on your behalf.

Manage the Court Process (If Needed)

Most personal injury cases do not go to trial. However, if negotiations don’t lead to a satisfactory resolution, the attorney is prepared to represent you in court, presenting a well-structured argument for the highest possible settlement.

Get in Touch with a Denver Slip and Fall Attorney

If you’ve been injured in a slip-and-fall accident due to someone else’s negligence, you’re not alone.

The team at Manning Herington Accident & Injury Attorneys is here to help you manage every aspect of your claim and fight for the maximum compensation. Our firm works on a contingency fee agreement. This means you pay us nothing to take your case – and our fees are factored into the settlement AFTER we win.

Call 720-515-3191 or fill out the form on our website to get started with a FREE consultation.