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  • Bolton Personal Injury Lawyers: Are Photographs Important Evidence In Slip and Fall Claims?

    January 4, 2018

    Slip and fall accidents can happen anywhere and at any time, to anyone! They strike like a bolt from the blue but their effects can last for an entire life-time in some cases.

    The risks lie everywhere and property owners are responsible for ensuring that their premises remain in a state of reasonable safety for all visitors.

    In Ontario, for instance, the Occupier’s Liability Act holds property owners responsible for maintaining premises under their control so that visitors and their belongings remain safe. Accidents can happen due to the fault or negligence of the person/s or entity that had a duty of care to ensure safety.

    The injured are entitled to seek compensation for the physical, financial and emotional trauma that they face as a result of the accident.

    Negligence Is a Key Concept

    In slip and fall accidents, as with other personal injury claims, the concept of negligence and proving liability are fundamental to achieving a successful outcome.

    Most claims are settled out-of-court and seldom make it to trial. As Bolton personal injury lawyers know, a process of negotiations between both parties can settle matters to the final satisfaction of both.

    While claiming compensation for slip and fall injuries, the injured party has to prove that it was the at-fault party’s negligence

    • that caused the hazardous conditions
    • which led to the accident
    • and ultimately to the injuries.

    Evidence and proof can make or break your claim as experienced Bolton personal injury lawyers can advise.

    Photographs as Evidence

    One of the crucial pieces of evidence that can be presented is photographs. As the saying goes, “A picture is worth a thousand words.” There’s nothing that helps to establish facts like photographs taken at the location, at the time of the accident.

    Today, almost everyone carries a mobile-phone and unless you’re seriously injured or unconscious, it’s not very difficult to click a few clear pictures showing:

    • Location with important landmarks to fix it
    • Dangerous conditions that caused the accident
    • Time and date which stamps on photographs
    • Weather and visibility conditions
    • Damage/injuries sustained
    • Lighting
    • Other contributing factors like construction, etc

    If you’re unable to take pictures, get a trustworthy friend or family-member to visit the place immediately and take them. It’s important to document the conditions immediately, because things can change with time. By the time the negotiation process begins or the case goes to trial, things may have changed and our memory is notoriously fickle.

    The property owner may change the conditions, fearing legal action. They may repair, replace or destroy evidence.

    Photographs can also help to pinpoint the exact reason for the accident. For instance, if the picture shows the air-conditioner from which water was dripping and causing a puddle in which you slipped, or it shows a water-spout that empties water on to a driveway causing ice to form where it may not normally do so, or the picture shows damaged tiles, unanchored/frayed carpets, lack of Wet Floor signs after cleaning, or shows debris/clutter left out of place, etc, these are important to prove negligence.

  • Bolton Personal Injury Lawyers: Are Photographs Important Evidence In Slip and Fall Claims?

    January 4, 2018

    Slip and fall accidents can happen anywhere and at any time, to anyone! They strike like a bolt from the blue but their effects can last for an entire life-time in some cases.

    The risks lie everywhere and property owners are responsible for ensuring that their premises remain in a state of reasonable safety for all visitors.

    In Ontario, for instance, the Occupier’s Liability Act holds property owners responsible for maintaining premises under their control so that visitors and their belongings remain safe. Accidents can happen due to the fault or negligence of the person/s or entity that had a duty of care to ensure safety.

    The injured are entitled to seek compensation for the physical, financial and emotional trauma that they face as a result of the accident.

    Negligence Is a Key Concept

    In slip and fall accidents, as with other personal injury claims, the concept of negligence and proving liability are fundamental to achieving a successful outcome.

    Most claims are settled out-of-court and seldom make it to trial. As Bolton personal injury lawyers know, a process of negotiations between both parties can settle matters to the final satisfaction of both.

    While claiming compensation for slip and fall injuries, the injured party has to prove that it was the at-fault party’s negligence

    • that caused the hazardous conditions
    • which led to the accident
    • and ultimately to the injuries.

    Evidence and proof can make or break your claim as experienced Bolton personal injury lawyers can advise.

    Photographs as Evidence

    One of the crucial pieces of evidence that can be presented is photographs. As the saying goes, “A picture is worth a thousand words.” There’s nothing that helps to establish facts like photographs taken at the location, at the time of the accident.

    Today, almost everyone carries a mobile-phone and unless you’re seriously injured or unconscious, it’s not very difficult to click a few clear pictures showing:

    • Location with important landmarks to fix it
    • Dangerous conditions that caused the accident
    • Time and date which stamps on photographs
    • Weather and visibility conditions
    • Damage/injuries sustained
    • Lighting
    • Other contributing factors like construction, etc

    If you’re unable to take pictures, get a trustworthy friend or family-member to visit the place immediately and take them. It’s important to document the conditions immediately, because things can change with time. By the time the negotiation process begins or the case goes to trial, things may have changed and our memory is notoriously fickle.

    The property owner may change the conditions, fearing legal action. They may repair, replace or destroy evidence.

    Photographs can also help to pinpoint the exact reason for the accident. For instance, if the picture shows the air-conditioner from which water was dripping and causing a puddle in which you slipped, or it shows a water-spout that empties water on to a driveway causing ice to form where it may not normally do so, or the picture shows damaged tiles, unanchored/frayed carpets, lack of Wet Floor signs after cleaning, or shows debris/clutter left out of place, etc, these are important to prove negligence.