One of the most common personal injury cases is a slip and fall case. These involve an innocent patron entering a store, walking over a puddle or piece of food, falling onto the ground, and sustaining injuries.
Slip and fall cases go back to the early nineteen hundreds. In a famous case called Anjou v. Boston Elevated Railway Co, a Plaintiff slipped on a banana peel in the Defendant’s railway station. The banana peel was found to be black and rotting when the Plaintiff tripped on it.
The characteristics of the banana were crucial. What does it mean when a banana peel has turned black? It means that it was old, and a substantial amount of time had passed between when the banana was dropped and when it was tripped on.
In proving a slip and fall case, you must prove that a third party breached his or her duty of care to you. In this case, the store should have conducted inspections to make sure the floors were safe for customers.
In our banana case, the fact that the banana turned black implies that the store. From there, you must also prove damages. This is done simply with a medical report from the doctor showing the injuries sustained from falling down.
What is the moral of the story? Circumstantial evidence can be used to show a store owner was negligent in this case.
This applies not only to banana peels but also to liquids. What is the temperature of the liquid? Did it have any foul odors? Has it changed color? Is there any bacteria growing on it? These are all questions to ask in any slip and fall case.
Tips: If you are in a slip and fall accident, make sure to take pictures and take a mental note of the specific characteristics of the floor and substance you slipped on, if you can. Any evidence you can gather is a huge help in proving negligence in a personal injury case.
Have you been injured in a slip and fall accident? You may be eligible for compensation for your medical expenses and injuries. A personal injury lawyer can not only help you gather the necessary evidence and answers to prepare your case, he or she can also work with insurance companies and defend and protect your rights.
Contact a lawyer today and find out what your rights as well as what you’re entitled to.