1. Photographs of the Scene 
In a slip-and-fall case, photographs often serve as one of the most important types of evidence. After the accident occurs, the area where you fell may be cleaned or altered, making it difficult to show the exact conditions that led to the injury. Whether it’s a patch of ice, snow, or an uneven surface, taking clear and comprehensive photographs can document the state of the premises at the time of the accident.
- What to capture: If you’re able to do so, take pictures from multiple angles. Capture any hazardous conditions such as snow accumulation, ice patches, uneven pavement, or lack of proper signage to warn people about the danger.
- Why it matters: Photos provide visual proof of the unsafe conditions that caused your injury. They can demonstrate whether the property owner or manager was negligent in maintaining the premises. In winter months, proving that ice or snow had been allowed to accumulate for too long or wasn’t treated properly can be pivotal in a case.
- Pro tip: If you are unable to take the photos yourself due to injury, ask a witness or someone nearby to take them for you. Documenting the scene while conditions are fresh is critical, especially before the area is cleared of snow or ice.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
Attorney
John J. Tenn
Attorney
2. Weather Conditions and Forecast
The weather leading up to and on the day of your fall can significantly impact your claim. Snowstorms, freezing rain, or even overnight freezes can create hazardous conditions that property owners are expected to address in a timely manner. By saving weather data, you can prove that dangerous conditions existed at the time of the accident.- What to capture: Use weather apps or online services to document the weather conditions for the days leading up to and including the day of your fall. Look for evidence of snowfall, freezing rain, or any sudden temperature drops that may have contributed to icy conditions.
- Why it matters: Weather reports can show that the property owner had knowledge of the dangerous conditions and, therefore, had the duty to clear the area. If snow or ice accumulation was due to recent weather events, this can help establish that the property owner had a reasonable amount of time to treat the premises.
- Pro tip: Take screenshots of weather apps or print historical weather data for your records. This evidence can be vital in showing that the property owner failed to address hazardous conditions in a timely manner.
3. Witness Statements
Eyewitnesses can provide valuable support to your version of events. They can describe the conditions of the area, the moment of your fall, and anything they observed that might be important. For example, if the weather was particularly bad or if the area where you fell was not clearly marked, witnesses may be able to corroborate your story.- What to capture: Obtain contact information from anyone who witnessed the accident. Ask them if they saw the condition of the area and the fall itself. Even if they didn’t see the actual fall, their observations about the conditions could be key.
- Why it matters: Witnesses can strengthen your case by confirming that dangerous conditions existed, and that the property owner was negligent in addressing them. Their statements can also back up the claim that the area where you fell was unsafe.
- Pro tip: If possible, ask witnesses to write down their accounts of what happened or provide a recorded statement to be used in your case.
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4. Maintenance Records
Property owners and managers are legally required to maintain safe conditions. In the case of a slip-and-fall accident caused by weather, maintenance records such as snow removal logs or ice salting schedules can serve as important evidence. If the property owner failed to clear the snow or ice in a timely manner, maintenance records may prove that the owner neglected their duties.- What to capture: If the accident occurred in a commercial property or a managed residential area, request access to maintenance records for snow removal, salting, and any inspections done before the accident. Records showing a failure to follow safety protocols could be invaluable in your case.
- Why it matters: These records show whether the property owner or manager failed to properly maintain the premises. If maintenance wasn’t performed according to schedule or if no action was taken to address hazards, these records can help establish that the property owner was at fault.
- Pro tip: If the property owner refuses to give you maintenance records, speak to an attorney. Your legal team may be able to subpoena the records to strengthen your case.
5. Your Medical Records
After a slip-and-fall accident, getting medical treatment should be one of your top priorities. Your medical records will detail the extent of your injuries and treatment, and they can play a critical role in supporting your claim for compensation. Be sure to keep track of all medical visits, diagnoses, treatments, and any costs associated with your injury.- What to capture: Save copies of your medical records, including hospital visits, prescriptions, physical therapy reports, and any follow-up care required. This documentation helps establish the severity of your injury and can prove that your fall led to significant medical costs.
- Why it matters: The medical records provide solid evidence of your injuries and their connection to the fall. This can be used to demonstrate the pain and suffering you’ve endured as well as the financial costs you’ve incurred due to the injury.
- Pro tip: Keep detailed records of all medical expenses, including travel costs for medical appointments, prescription costs, and any missed work due to your injury.
6. Surveillance Footage
Many properties, particularly businesses, have security cameras that may have recorded your fall or the conditions leading up to it. This can be one of the most compelling pieces of evidence in a slip-and-fall case, as it can clearly show the circumstances surrounding your injury.- What to capture: If you believe there might be security footage, request it as soon as possible. Security footage may provide a clear view of the accident, the hazardous conditions, and the moments leading up to it.
- Why it matters: Video footage provides irrefutable evidence of the accident and surrounding circumstances. It can help prove that the property owner failed to maintain the premises properly or provide adequate warnings.
- Pro tip: Be sure to request the footage promptly. Security footage is often overwritten after a certain period of time, so you don’t want to wait too long to ask for it.
7. Accident Report
If the fall occurred in a public place or a business, the property owner or manager may have filled out an accident report. This report can serve as an official record of the incident and will contain important details such as the time of the fall, the location, and the condition of the area.- What to capture: Request a copy of the accident report. If the business or property owner refuses to provide it, document the names and titles of the people involved in the report process.
- Why it matters: Accident reports are official records of what happened. They can provide a detailed account of the fall and help corroborate your version of events.
- Pro tip: If the business or property manager is reluctant to provide the report, this could be a sign that they are aware of the dangerous conditions and don’t want to take responsibility. A lawyer can help you navigate this process.
8. Keep Track of Your Expenses
Your slip-and-fall injury may lead to significant financial loss. This can include medical bills, lost wages due to missed work, and additional costs related to your injury. Keeping track of all your expenses is vital when seeking compensation.- What to capture: Keep receipts, invoices, and records of medical expenses, travel costs, and missed wages. Make a note of how the injury has impacted your ability to work or perform daily activities.
- Why it matters: Documenting your expenses ensures that you can request full compensation for the financial losses caused by your injury. It also helps demonstrate the ongoing impact of the accident on your life.
- Pro tip: Keep a detailed log of all expenses, including dates and amounts, and make sure to update it regularly as your treatment progresses.