Slip-And-Fall Accidents Caused By Unknown Fluids: 3 Ways To Establish Fault Through Samples And Photographs
Slip-and-fall accidents are one of the most common types of personal injury claims, as slip-and-fall accidents can lead to serious injuries. In fact, data has indicated that slip-and-fall accidents are responsible for a little over 40% of all spinal injuries. If your slip-and-fall accident was caused by unknown slippery fluids on the surface of the floor, a sample of the fluid, along with photographs of the scene, can be a crucial evidence used in your case. Here are 3 ways a slip-and-fall accident attorney can use these pieces of evidence to establish fault.
Chemical Analysis of the Fluid
Most slip-and-fall accident attorneys will recommend sending the sample into a laboratory for testing. As you'll need sufficient quantities of the fluid for testing and you'll need to provide the other party with the same type of evidence for testing, collect as much of the fluid as possible. You can use a cloth to wipe up the fluids or you can even scoop some into a sealable cup or container if there's a lot of it.
A chemical analysis of the fluid will clearly determine what the fluid is without leaving any room for doubts. This is important, as you can then determine whether the property owner would have been aware of the fluid or should have had some type of system in place to clean the fluid up. For example, if you slipped and fell on transmission fluid while at an auto shop, your attorney may argue that the property owner should have been able to identify the fluid and should have had a system in place to clean it up.
Photograph of the Amount of Fluids on the Floor
After getting a sample of the fluid responsible for the slip-and-fall accident, you'll also want to take photographs of the scene of the accident. When taking photographs, use lighting to clearly show where the fluids are. Take photographs from above to show where the fluids were splattered. If the fluid is colored or has a sheen to it, it'll make it even easier to identify. Your attorney may use this to prove that the property owner would have definitely noticed the fluid on their property and was merely negligent in cleaning it up immediately. If the fluid is transparent but has a sheen to it, your attorney can also claim that you didn't purposely slip, as it would have been difficult for you to notice the mess.
You'll also want to take an up-close photograph of the slippery floor. In particular, you'll want to show how deep the puddle of fluids is. For example, you'll want to determine whether there was a large spill or a merely splatters. This can set the scene to give the judge a better idea of what happened.
Photograph of the Environment to Determine Whether Any Safety Signs Were Posted
After you've taken photographs of the mess, take photographs of the immediate environment to show whether the area was busy or not and to show whether there were any safety signs posted. Property owners may claim that they were already in the midst of cleaning up the mess and had already notified people in the area to be careful. You want to prove that there were no signs posted so that you wouldn't have known and been able to avoid the accident.
Taking photographs of the environment can also give the judge a better understanding of how the accident happened and how you fell. This can further help strengthen your case.
If you slip and fell due to an unknown slippery substance on the floor, you'll want to be able to prove this fact with evidence. You definitely don't want a "he said, she said" situation. Discuss the type of evidence that you need with a slip-and-fall accident attorney at a law firm such as Knafo Law Offices to determine whether there is anything you can do after the fact to support your claims.