A picture of a slip and fall can be worth hundreds of thousands of dollars. Although a slip and fall accident can be extremely traumatizing, it is very important to capture the dangerous condition that caused you to fall. Visual evidence of the dangerous condition can be a crucial tool in helping you recover damages in a slip and fall case.
In the state of Florida, in order to prove a slip and fall liability case, an injured party “must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it” (See Fla. Stat. §768.0755). For the business to have had actual knowledge of the spill, the business owner and or employees must have had actual or constructive knowledge of the dangerous condition or have created the dangerous condition itself. For the business to have had constructive knowledge of the dangerous condition there must be evidence showing that: (1) the dangerous condition existed for such a length of time that, with ordinary care, they business should have known of the condition; or, (2) the condition occurred with regularity and was therefore foreseeable.
The more time that the spill was unattended, the better chance an injured party has in proving that the busines owner had constructive knowledge. Taking a picture of the scene of your slip and fall can be helpful in determining the how long the spill was unattended. Factors that help determine how long a spill was unattended are: (1) the color of the spill, (2) the texture of the spill, and (3) whether there is evidence of footprints or track marks. If you don’t take a picture of the spill, it is very likely that the evidence will be gone forever.
Taking pictures after a slip and fall accident can ultimately protect you if a business owner tries to repair or clean up the dangerous condition before the injured party has a chance to inspect it.
Although it can be very beneficial to take pictures of a dangerous condition, it is not required, and there are various other ways of getting you the recovery that you deserve.
If you have been injured in a slip and fall accident, Miller Trial Law can help get you the recovery that you deserve. Please call us today at (305)-697-8312 for a free, no-risk consultation to see what your case is worth. We look forward to serving you!