For victims who suffer injuries on property, an important question regarding your rights is what evidence is required to win a slip and fall accident lawsuit in Miami. Under the Florida’s Evidence Code, the relevant concepts are broad. Relevant evidence is that which proves or disproves a material fact, and all relevant evidence is admissible in court.
However, not all evidence that you can introduce in court will be helpful for your case. You need solid proof related to liability and damages, and you need it even before filing a lawsuit. A Miami slip and fall attorney will tackle the details, but an overview of evidence in premises liability cases is insightful.
How to Prove Negligence in a Florida Premises Liability Case
You must prove negligence on the part of the property owner in these cases. Evidence can be used to demonstrate that the property owner breached their duty of care, leading to your injuries. Florida law requires you to show that the party in charge of the premises knew or should have known about the hazardous condition and failed to fix it.
This definition encompasses the concept of actual notice, as where the owner or operator had direct knowledge. There is also the concept of constructive notice, in which a property owner can be liable for hazards they should have discovered through reasonable inspection.
Key Evidence to Prove a Slip and Fall Claim in Florida
Strong evidence is essential for a successful slip and fall claim in Florida. Important information that can help establish liability may include:
· Photographs and videos of the accident scene
· Surveillance footage
· Maintenance records
· Prior complaints from customers or employees
· Eyewitness testimony and statements that describe what happened
Aside from liability, you’ll need evidence of damages. Medical records provide proof of injuries and treatment directly linked to the fall, while employment documents establish lost wages.
Why Expert Testimony Can Strengthen Your Slip and Fall Claim in Miami
Experts play a crucial role in Miami premises liability cases. Medical experts can explain the severity of your injuries and their impact on your daily life. Safety specialists can analyze the accident scene and determine if the property violated building codes or safety regulations. In some cases, accident reconstruction experts can demonstrate how the hazardous condition directly caused your fall.
Their professional opinions can add credibility to your claim, making it more difficult for insurance companies to dispute liability. Input from experts can also make it possible to analyze the future economic impact of your injuries, which can be challenging in cases involving long-term or permanent disability.
Our Miami Slip and Fall Lawyers Will Manage Proof Issues
Evidence is critical, so trust your premises liability case to an experienced attorney. Our team at Gerson & Schwartz, PA, has decades of experience handling slip and fall claims, so we understand how to leverage evidence and build a compelling case for maximum compensation. To schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, please call (305) 371-6000 or visit us online.