Quick Answer: Evidence that can support a Carmel slip-and-fall claim includes photographs of the hazard, an incident report, witness information, surveillance footage, preserved footwear, medical records, and proof of lost income. Because the scene may be cleaned, repaired, or recorded over, this evidence should be preserved promptly.
What Must Be Proven in a Slip-and-Fall Claim?
A slip-and-fall claim requires more than proof that someone fell on another person’s property. Depending on the circumstances, the evidence may need to show what caused the fall, who was responsible for the property, whether the dangerous condition was known or should have been discovered, and how the fall caused the injury.
For example, evidence that an employee created or saw a spill raises different questions than a spill that appeared only moments before the accident. Photographs, surveillance footage, witnesses, property records, and medical documentation can help establish what happened.
Photograph the Hazard and Surrounding Area
Photos and videos taken shortly after a fall can be some of the strongest evidence in a premises-liability claim. Document the exact condition that caused the fall, such as spilled liquid, ice, loose flooring, broken pavement, an uneven step, poor lighting, a missing handrail, or an obstructed walkway.
Take close-up images of the hazard and wider photographs showing its location, nearby warning signs or barriers, and the surrounding area. Photograph visible injuries and any moisture, grease, dirt, or debris on your shoes or clothing. If you cannot take pictures because of your injuries, ask someone at the scene to help.
Report the Fall and Document What Happened
Report the accident to the property owner, manager, employee, landlord, or security officer before leaving, when possible. Explain where the fall happened and identify the condition that caused it, but do not guess, accept blame, or say you are uninjured before you know how you feel.
Ask that an incident report be completed. Get the name and position of the person who received your report and request a copy or instructions for obtaining one.
Write your own account while the details are fresh. Include the approximate time, location, lighting or weather conditions, what you noticed before the fall, what happened afterward, and the names of anyone you spoke with.
Get Witness Information and Preserve Video
Witnesses can help explain how the fall occurred, whether warning signs were present, and how long the dangerous condition had existed. A witness may also have noticed the hazard earlier, heard another customer complain, or seen employees pass through the area.
Ask for each witness’s name, phone number, and email address. Do not assume the property owner will preserve this information.
Security footage can show the fall, when the hazard appeared, whether employees saw it, and whether warning signs were placed before or after the accident. Because video can be overwritten automatically, a written preservation request should identify the date, approximate time, location, and cameras that may have recorded the area.
Preserve Shoes, Clothing, and Location Records
Keep the shoes and clothing you wore during the fall. Do not wash, repair, discard, or continue wearing the shoes if they could become evidence. Their condition may help address claims that your footwear caused or contributed to the fall.
Save receipts, parking records, appointment confirmations, bank transactions, and other records showing when you were at the property. These materials can confirm the approximate time of the incident and help narrow the surveillance footage that should be preserved.
Keep Medical and Financial Documentation
Medical records can connect the fall to your symptoms, diagnosis, treatment, and physical limitations. Tell your medical provider how the injury occurred, follow treatment instructions, and attend scheduled appointments.
Keep medical bills, prescriptions, therapy records, assistive-device expenses, and travel costs related to treatment. Also preserve pay stubs, employer letters, attendance records, and other proof of missed work or reduced income.
A brief factual record of how the injury affects work, mobility, sleep, household duties, and other normal activities can document losses that may be difficult to remember later. Avoid posting accident details or activity updates publicly on social media because an insurance company may review them.
Evidence of Notice and Property Responsibility
A central issue in many slip-and-fall claims is whether the responsible party had actual or constructive notice of the dangerous condition.
Actual notice can exist when an employee created the hazard, saw it, received a complaint, or had already attempted to correct it. Constructive notice generally concerns whether the condition existed long enough that the owner or employees reasonably should have discovered and addressed it.
Useful records can include surveillance footage, inspection logs, cleaning schedules, maintenance documents, prior complaints, work orders, and earlier incident reports.
The type of property also affects which records exist. A store may have cleaning logs and employee reports, while an apartment complex may have tenant complaints and maintenance requests. Parking lot or sidewalk claims may involve lighting records, weather information, snow-removal logs, or maintenance contracts.
Different records may be held by the property owner, tenant, management company, or outside contractor. Identifying the responsible parties early helps direct preservation requests to the correct source.
What If Evidence Was Not Preserved Immediately?
Failing to take photographs or collect other evidence immediately does not automatically prevent a claim. Surveillance footage, witness statements, incident reports, maintenance records, medical documents, and receipts may still help establish what happened.
You may return to photograph the general area if it is safe and lawful to do so. Even if the original hazard has changed, photographs of the layout, walkway, stairs, lighting, or surrounding area may still provide useful context.
Slip-and-fall evidence can disappear quickly. A spill may be cleaned, ice may melt, damaged flooring may be repaired, witnesses may leave, and video may be overwritten.
Many Indiana personal injury lawsuits are generally subject to a two-year filing deadline, although different deadlines or notice requirements may apply in certain cases. Evidence can disappear long before that deadline, which is why early investigation matters.
How a Carmel Slip-and-Fall Attorney Can Help
A Carmel slip-and-fall attorney can identify who controls relevant evidence, send preservation notices, contact witnesses, and request records that may not be directly available to the injured person. If the insurer or property owner disputes the claim, additional information may be obtained through formal discovery.
Anthony “Tony” Oliveira of Dennis, Wenger & Abrell, P.C. handles personal injury matters, including slip-and-fall and trip-and-fall claims. He is admitted to practice in Indiana and before the U.S. District Courts for the Northern and Southern Districts of Indiana.
Dennis, Wenger & Abrell, P.C. was founded in 1980 and serves clients from its Carmel and Muncie offices throughout Central Indiana.
Frequently Asked Questions
Ask for the name and position of the person who received your report, write down your own account, and preserve any receipts, photographs, or witness information. An attorney can also request the report and related records.
Possibly. Photographs are helpful, but surveillance footage, witnesses, incident reports, maintenance records, medical documentation, and receipts can still provide evidence.
Notice can be shown through evidence that an employee created or observed the condition, received a complaint, or failed to correct a recurring problem. Video, inspection logs, maintenance records, and witness testimony can also help establish notice.
There is no single retention period for every business or camera system. Some recordings are overwritten automatically, so a prompt written preservation request can be important.
Many Indiana personal injury lawsuits are generally subject to a two-year filing deadline. Different deadlines or notice requirements may apply in some cases, so the correct deadline should be reviewed promptly.
Contact a Carmel Slip-and-Fall Lawyer
Evidence after a fall can disappear quickly. If you were injured on another person’s property in Carmel, contact Dennis, Wenger & Abrell, P.C. to discuss what happened and the steps available to preserve evidence and protect your claim.
Legal Disclaimer
This article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship with Dennis, Wenger & Abrell, P.C. Every claim is different, and legal deadlines may depend on the specific circumstances. Speak with a qualified Indiana attorney for advice about your situation.