Slip and fall incidents can often result in devastating injuries.  When you have been injured as a result of a fall in Mississippi, there are specific steps you need to take to preserve the evidence you will need to pursue your claim.

What is a Slip and Fall Accident?

Slip and fall accidents are falls caused by a dangerous condition on a property due to a defect or hazard.  There are many things that can create a dangerous condition.  A few examples include, but are not limited to:

• Wet floors;
• Faulty flooring;
• Slick conditions;
• Spills;
• Improperly placed products, advertisements, or hazards;
• Faulty architecture or construction;
• Improper maintenance or repairs on the property.

Saving Evidence after a Slip and Fall Accident

Evidence is often difficult to obtain after a slip and fall accident because, the condition or issue that caused the fall is generally cleaned, repaired, or removed shortly after the fall.  After the evidence is cleaned, repaired, or removed you may not be able to recreate or reobtain it.  As a result, if you’ve been injured in a slip and fall accident, it is important to take steps to secure the evidence needed to prove your claim immediately.  A few ways to do this are:

1. Take pictures:  Take pictures of the hazard that forced you to fall.  Since hazards that result in a slip and fall are often removed shortly after the incident takes place.  It is important to take pictures so you can prove exactly what it was that caused you to be injured.
2. Create and obtain a copy of an incident report:  Incident reports are often created by a facility after a fall.  An incident report can be a crucial piece of evidence needed in a slip and fall claim.  These incident reports are often turned over to an insurance company or corporate office after the fall is reported and no longer available to you.  As a result, it is best if you can obtain a copy of the incident report and make sure it is correct before leaving the property.
3. Obtain witness information:  If there are any witnesses to the fall obtain their contact information.  Just because a witness is talking to a facility employee or manager does not mean you will be able to contact them later.  If you do not obtain their contact information before leaving the store you may be unable to find that witness in the future leaving you without valuable evidence.
4. Save your shoes:  When a slip and fall incident takes place the shoes on your feet can be become important evidence.  The opposition will often attempt to use your shoe choices against you and argue that the fall itself was not caused by a dangerous condition, but instead by the shoes you were wearing.  Often, shoes continue to be worn after a fall and wear down or are discarded long before they are needed as evidence.  Since these shoes are evidence needed for your case you should preserve them in their current condition and set them aside for when you may need that evidence.

Surveillance Video

Under many circumstances a facility or property owner will have surveillance video that captures an incident.  This video is often the most important piece of evidence needed to pursue your claim, but in Mississippi unless you take certain steps the facility or property owner has no duty to save this video for you and it can be lost or destroyed.  It is important that the property owner, or owner of the video be put on notice of your claim and on notice that they should preserve, protect, and maintain this video as evidence.  If a facility or property owner is not put on notice and told to preserve this evidence, it can be lost or destroyed.

              If you find yourself in need of an attorney due to injuries suffered in a slip and fall accident in Mississippi, and need assistance gathering and preserving the evidence in your claim contact The Laura Law Firm at 601-517-9911.  We offer a free initial consultation and you pay no fees unless we collect for you.