The plaintiff's attorney for a California slip and fall victim must effectively present the victim of the slip and fall accident, who is quite frequently the only witness to the incident.  (Interestingly, with the advent of technology, more and more of my clients are able to use their cell phone camera modes to video tape what happens after a slip and fall including witnesses). Remember, only the victim can best describe the conditions of the walkway surface and those events occurring immediately before the slip and fall accident.  To succeed at a slip and fall trial, the credibility of  the victim is extremely important.  To ensure that credibility will not be a problem, every detail of the slip and fall accident must be explored with the client.

Yes, there is a reason for every fall that causes injury.  The reason may not be obvious either, but nonetheless it still exists.  The more the slip and fall client knows of the conditions and facts that led to the slip and fall accident, the easier the task of determining its cause.  A good slip and fall lawyer should ask his or her client to explain every action just before the accident and what happened during the fall.  This can at times prove to be difficult for the client to recollect, but it is still very important.  In the beginning of an attorney interview with a potential slip and fall client, the attorneys should have the slip and fall victim explain the facts in a narrative form, such as the following:

Okay, I was shopping at the XYZ market, and I had been shopping for about 20 minutes; I noticed my shopping cart was about half full, and I was walking from the vegetable department toward the meat department when I turned down the main aisle in the medicine department.  I was then pushing my shopping cart and all of a sudden my right foot slipped forward.  I was not able to  hold on the the shopping cart and I fell, landing square on my buttocks. I saw and felt some sort of white cream substance under my legs and on my right shoe.

A good slip and fall lawyer will then develop a general picture of what happened, and then he or she can generate some questions (more specific questions).  Remember, it is important that the victim goes over each fact of the slip and fall accident as soon as possible.  Memory is more fresh in the head soon after something occurs, not to mention witness testimony and contacts are easier to obtain.  The victim should restate facts as they are remembered  rather than during some later reconstruction. 
Mark Blane
Founder of The Law Offices of Mark Blane, APC
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