January 29, 2015

They say a picture is worth a thousand words. After a slip/trip and fall, a picture can be worth hundreds of thousands of dollars. Having visual evidence of the dangerous condition that caused you to fall and injure yourself can go a long way in helping you prove your premises liability case.

To successfully prove a slip/fall premises liability case in Florida, a plaintiff must

prove that the “business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it” (See Fla. Stat. §768.0755). Actual knowledge means the business owner/employees clearly knew of the spill or actually created the spill. The other means of proving a slip/fall case, constructive knowledge, requires a showing that the business owner/employees should have known of the spill if they used due diligence in inspecting and cleaning the premises.

A picture of what caused you to slip/fall is helpful because it can show the color of the spill, the texture of the spill, and any track marks or footprints in the spill, all of which is key evidence in determining how long the spill was there. The longer the spill was on the ground, the better chance a plaintiff has of proving that the business owner had constructive knowledge. Remember – once the spill is cleaned, that evidence is gone forever!

Taking pictures after a trip and a fall accident is equally as important. If there is a dangerous condition on a property that causes you to trip, capturing an image on your phone or on a camera will protect you in the event that the property owner tries to repair it before you can have it inspected. Protect yourself by taking a picture before the evidence can be tampered with or destroyed!

While taking photographs of the dangerous condition that caused your accident can be very helpful, it is not required. If you were injured in a slip/trip and fall and did not take pictures, there are still many avenues down which we can travel to prove your case.

If you have been injured in a slip or trip and fall, The Grife Law Firm is eager to help. Please call us today toll-free at 855-998-0770 for a free consultation.