A slip and fall accident can happen in seconds, but proving what caused it can take much more work. In New Jersey, a successful slip and fall claim usually requires more than showing that someone fell and got hurt. The injured person must show that a dangerous condition existed, that the property owner knew or should have known about it, and that the condition caused the injury.
Because hazardous conditions can disappear quickly, evidence should be collected as soon as possible.
Photos and Videos of the Hazard
Photos are often one of the most important pieces of evidence after a slip and fall. A wet floor may be cleaned, snow or ice may melt, a loose rug may be moved, or a broken step may be repaired. Pictures can help preserve what the scene looked like before anything changed.
Useful photos may show spilled liquid, food on the floor, ice, poor lighting, broken pavement, uneven flooring, missing handrails, torn mats, or the absence of warning signs. It is also helpful to take wide photos showing the surrounding area, not just close-ups of the hazard.
Incident Reports
If the fall happens at a store, restaurant, apartment building, office, or public place, the accident should be reported immediately. Many businesses create an incident report after someone is injured. This report may include the date, time, location, names of employees involved, and a short description of what happened.
An incident report does not automatically prove fault, but it helps create a record that the accident occurred at that location.
Witness Information
Witnesses can be very helpful in a slip and fall claim. A witness may have seen the fall, noticed the hazard before the accident, or heard employees discuss the dangerous condition. For example, a customer may have seen a spill on the floor before the injured person fell.
Names, phone numbers, and short notes about what each witness saw should be collected when possible.
Surveillance Footage
Many businesses have security cameras, but video footage may be deleted or overwritten after a short time. Surveillance video can show how long the hazard existed, whether employees walked past it, whether warning signs were present, and how the fall happened.
Because video may not be saved automatically, it is important to request preservation of any footage as soon as possible.
Medical Records
Medical records are necessary to connect the fall to the injuries being claimed. Emergency room records, doctor visits, imaging results, physical therapy notes, prescriptions, and specialist evaluations can all help show the seriousness of the injury.
Delays in treatment can give an insurance company an argument that the injuries were not caused by the fall or were not as serious as claimed.
Proof of Damages
A slip and fall claim may include more than medical bills. Evidence of lost wages, reduced work ability, transportation costs, pain, physical limitations, and daily life changes may also matter. Keeping records of missed work, medical appointments, and symptoms can help support the damages portion of the claim.
Comparative Negligence in New Jersey
New Jersey follows a modified comparative negligence rule. An injured person may still recover damages if their fault was not greater than the fault of the defendant, but compensation can be reduced by the injured person’s percentage of responsibility. If the injured person is more than 50% at fault, recovery may be barred.
Final Thoughts
Evidence can make or break a New Jersey slip and fall claim. Photos, witness statements, incident reports, surveillance footage, medical records, and proof of damages all help show what happened and how the injury affected the victim’s life. The sooner this evidence is preserved, the stronger the claim may become.