In Pennsylvania, plaintiffs in slip and fall accident cases must prove that their injury was caused by a defective condition. Proving that a specific injury was caused by a defect requires 1. proof/evidence that a defect existed, and 2. proof/evidence of the injury, and in that order.
Slip and fall accident cases often hinge on whether there is sufficient evidence of the defect. Accordingly, there must be evidence of the nature and extent of the defect. This issue must be addressed before you even get to the issue of causation – that the defect caused the accident and injuries.
For instance, in a sidewalk slip/trip and fall case, liability often depends on whether the defect (i.e., missing chunk of concrete) was large enough to constitute a hazard. Without documentary evidence such as pictures or video, or solid testimony about the size and scope of the defect, there is no case.
Related: Damages in a Pennsylvania Slip, Trip & Fall Accident Case
Assuming there is sufficient evidence that the defect existed, the next step is proving what the injuries were. Evidence of the injuries may include the following:
- police report,
- ambulance report,
- emergency room reports/records,
- x-ray films/diagnostic imaging studies, and
- other medical documentation.
Slip and fall accident lawsuits are often vigorously defended by insurance companies for property owners. Therefore, it is crucial to obtain and present the evidence in a concise and indefensible manner.
Related PA Slip and Fall Legal Articles:
- Pennsylvania Slip & Fall Accidents – Evidence of Negligence is Key
- Did You Have a Slip & Fall Accident in Philadelphia? What You Should Know About Getting Medical Bills Paid
- Fall Down Accidents-Slip and Fall, Trip and Fall Cases in Pennsylvania (Part One)
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