Slip-and-fall accidents can happen when no one else is around. An injured person may worry that the lack of witnesses will make it harder to prove what happened or hold a property owner responsible. However, Indiana law does not require witnesses to file a slip and fall claim.
Other evidence may help show how the accident happened and whether the property owner’s actions caused the injuries. The type and strength of this evidence can affect the claim.
What evidence can support a slip-and-fall claim?
Witnesses can help explain an accident, but they are not the only source of proof. An injured person may use other evidence to show that a dangerous condition caused the fall, including:
- Photographs and videos: Pictures of wet floors, broken steps or poor lighting can show what made the area dangerous. Security footage may also capture the fall.
- Incident reports: Reports filed with a business or property owner can show when and where the fall happened.
- Medical records: These records can show the injuries, the treatment received and how the accident affected the injured person’s health.
- Maintenance records: Cleaning logs and inspection reports may show whether the property owner knew about the hazard or had enough time to find it.
- Expert opinions: Experts may explain how a dangerous floor or other unsafe condition caused the fall.
This evidence may help support a claim even when no one saw the accident. Surveillance footage, incident reports, cleaning logs and prior complaints ccan help establish whether the property owner knew or reasonably should have known about the dangerous condition.
What must injured people prove?
Indiana law generally requires an injured person to show that the property owner had a duty to keep the property reasonably safe, failed to meet that duty and caused the injury.
Indiana also follows a modified comparative fault rule. A court may reduce compensation if the injured person shares some blame. However, someone whose share of fault is greater than the combined fault of the responsible parties generally cannot recover damages.
Understanding the options for a slip and fall claim
An attorney can review photos, medical records and incident reports to assess a claim. The attorney may also request security footage, check maintenance records and send letters asking the property owner to preserve important evidence.
Early legal guidance can help injured people understand their options and protect evidence before it disappears. Security footage may be overwritten quickly, so prompt action can help preserve important details.
