Can You Still Recover Damages if No One Witnessed Your Slip and Fall Accident?

Slip and fall accidents are some of the most common injuries that occur at workplaces, stores, and public spaces. But what happens if there were no witnesses to your slip and fall? Can you still recover your damages? If so, how are you supposed to prove your slip and fall injury without eyewitnesses? Who’s going to believe you?

Getting injured on someone else’s property is always a frustrating experience, but even more so when there is no one to see you get injured because it means it will be a challenge to prove the cause of your injury. Fortunately, there are ways to prove your slip and fall injury even if no one witnesses the accident

Our Boca Raton slip and fall lawyers at Leifer & Ramirez can help you gather the evidence you need to prove that your injury was caused by slipping and falling on someone else’s property and recover damages.

How Can You Prove Your Slip and Fall Injury Without Witness Statements?

If no one witnesses how your slip and fall accident occurred on someone else’s property, there are still several ways to prove your injury and obtain fair compensation from the responsible parties.

1. Obtain Surveillance Camera Footage

Most public places and even offices these days have surveillance cameras installed for safety purposes. If you slip and fall in one of these areas, it is essential to find out if there are any surveillance cameras in the area. You can obtain the footage to show that you indeed suffered from a slip and fall accident, and the cause was the hazardous condition.

2. Find Reports About the Dangerous Condition from Other People

Even if no one saw you fall, there may be other people who were aware of the hazardous condition. Reports made by other customers/guests before the accident can be crucial in your slip and fall injury case. If anyone reported the dangerous condition before your accident took place, it can strengthen your case. For instance, if someone reported a wet floor in a grocery store, and you slip and fall on the floor, this can be helpful evidence in your case.

3. Show Evidence That Proves Your Injuries Are Clearly Caused by a Fall

The most crucial factor in your slip and fall injury claim is that you must prove that your injury was a direct result of the fall. Medical records, doctor’s notes, and any other related documents that show injury from the slip and fall can convince insurance attorneys and courts about the liability of the defendant.

Even if your slip and fall injury was partially your fault (e.g., you were distracted by your phone and did not see the dangerous condition in time), you might still be able to recover damages. The reason is that Florida is a comparative fault jurisdiction. Your recovery will be reduced proportionally to your damages. However, it should be noted that Florida is no longer a pure comparative negligence state. In March of 2023, Governor Ron DeSantis signed a tort reform bill (House Bill (HB) 837) into law. Under the new system, Florida uses a modified comparative negligence standard. A slip and fall victim can still recover from a defendant if he or she is partially at fault—but only if they are not more than 50 percent to blame for the accident.

4. An Employee or Manager Was Notified Right Away

One of the best ways to prove that the property owner or responsible party is liable for your injury is by notifying an employee or manager of the hazardous condition right away. If you slip and fall and immediately notify a manager or employee, there will be documentation of the occurrence right after it happened. This can be very helpful in tracking down evidence later on.

No Witnesses? No Problem. We Can Help

Slip and fall injuries can be challenging to prove if no one witnessed the accident. Luckily, there are still ways you can recover damages if you have slipped and fallen on someone else’s property. Our lawyers at Leifer & Ramirez can help you strengthen your claim and ensure that you can obtain the compensation to which you are entitled. Call 561-660-9421 today to set up a free case review.

We serve clients throughout the state of Florida, including Boca Raton, Delray Beach, Pompano Beach, Deerfield Beach, Fort Lauderdale, and West Palm Beach.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html