Role of Witnesses in Aurora Slip and Fall Cases
Many slip and fall accidents leave few traces behind. The victim, their injuries, and some pieces of debris may be all that can be used to explain how the accident happened. Unless the injured individual is lucky enough to find video evidence, many premises liability cases depend on witness testimony.
A seasoned slip and fall injury attorney understands the important role of witnesses in Aurora slip and fall cases and could help you pursue compensation for your injuries. Contact Amy G Injury Firm today for dedicated legal counsel and guidance through the civil claims process.
How Do Witnesses Help Your Case?
In premises liability cases involving slip and fall accidents, plaintiffs must show that the property owner knew about dangerous conditions on the property and failed to correct them promptly or warn users of the potential risks. Property owners do have defenses against some allegations, such as claiming a lack of liability. If the hazard was open and obvious, they may assert that someone exercising reasonable caution should have noticed the danger. They may also have been unaware of the hazard, or state that the hazard could have been a natural accumulation that they make regular efforts to prevent.
Witness testimony is essential to many Aurora slip and fall cases, as it can help invalidate these common defenses. For instance, if an accident was due to excessive snow around a doorway, a natural accumulation defense would claim the property owner regularly shovels the walk. However, witness testimony could confirm whether this is true and identify the time between the owner taking preventative action and your accident.
Lay Witnesses and Expert Witnesses
In legal terminology, a lay witness is an average person, or someone with no special expertise, who simply reports what they experienced at the time of the incident. A lay witness could testify about things they saw or heard at the scene, and their impressions of the situation. These witnesses cannot explain technical details, such as whether a staircase was structurally sound or if an individual’s injuries are consistent with the type of hazardous condition that caused their fall.
An expert witness is someone with specialized knowledge of a particular discipline or area, such as a physician, police officer, or building inspector. Expert witnesses testify on legal points, including:
- Whether a building was structurally sound
- Whether a property met the state’s requirements for lighting or habitability
- Whether a hazard met the standard for an open and obvious condition
- Whether a victim’s injuries were directly related to the hazardous condition
These witnesses must be admitted as experts by the court. Your Aurora attorney could explain how to obtain expert witnesses and the role they could play in your slip and fall case.
Contact Our Aurora Attorneys to Learn More About the Role of Witnesses in Slip and Fall Claims
To get the settlement you deserve after a slip and fall accident, you may need to do more than just file an insurance claim. It may be necessary to prove your claim in court, and this could require more than documentary evidence.
Our dedicated lawyers could help you gather witness testimony to support your damages claim, ensuring you get the compensation you need to move forward. At Amy G Injury Law, our legal team has experience with property liability cases and witness testimony. Contact us today to schedule your free case evaluation and learn more about the critical role of witnesses in Aurora slip and fall cases.
