What kind of evidence is needed to prove a slip and fall case?
In South Dakota, there are certain pieces of evidence that must be present to prove a slip and fall case. The first step is to determine whether the person responsible for the property (usually either the owner or occupier) knew or should have known about the hazard that caused the injury. If the hazard was caused or created by the person responsible for the property, then this person is liable for damages. Evidence to support a slip and fall case includes photographic evidence of the hazard, witnesses’ statements, medical reports from treating physicians, and evidence of prior knowledge by the responsible party. This evidence can help demonstrate that the responsible party knew or should have known about the hazardous condition. In some cases, an expert witness may be needed to testify about the condition of the property or provide an opinion of whether the responsible party should have known about the hazard. Expert witnesses can also provide testimony concerning the cause of the injury and whether the person responsible acted with reasonable care to prevent it. Finally, evidence may also be used to show that the responsible party acted in a manner that increased the hazard or failed to take steps to eliminate or reduce the risk of injury. This could include evidence of negligence, such as lack of routine maintenance or failure to post warning signs. This evidence is often the most critical in a slip and fall case.
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