Premises liability cases in Vermont hinge on a key legal question: did the property owner or occupier fail to maintain reasonably safe conditions? Whether someone slips on an icy sidewalk, trips over loose carpeting, or suffers an injury due to poor lighting, these claims rely on strong, well-documented evidence. The more comprehensive the proof, the greater the chances of securing fair compensation.
If you've been hurt on another person's property in Vermont, knowing what evidence to collect—and how quickly to act—can make or break your claim. Here's a breakdown of the essential types of evidence that support a premises liability case.
Photographs and Video Footage of the Hazard
The condition that caused your injury will often be temporary. A spilled liquid, broken handrail, or icy surface might be cleaned up or repaired within hours. That's why immediate photographic documentation is critical.
Photos and videos should include:
- Wide shots showing the entire area
- Close-ups of the specific hazard
- Lighting conditions at the time (especially in stairwells or walkways)
- Weather conditions, if the incident occurred outdoors
If you're unable to document the scene yourself due to injury, ask a friend, witness, or even a passerby for help.
Surveillance Footage
Many Vermont businesses and residential buildings are equipped with security cameras. These recordings can serve as powerful evidence, capturing the incident as it happened or showing the hazard existing beforehand. However, surveillance videos are often erased within days unless preserved.
Promptly request that the property owner or business retain the footage. In many cases, your attorney can issue a spoliation letter—a formal request to prevent destruction of relevant evidence.
Witness Statements
Unbiased third-party accounts can add credibility to your version of events. Witnesses might include:
- Shoppers, tenants, or other bystanders
- Employees who were present during the incident
- People familiar with recurring hazards on the property
Collect names and contact information right away. If possible, ask witnesses to write down or record a brief statement describing what they saw.
Incident Reports
If the injury occurred in a store, apartment complex, or public building, management may require an incident report. This report can include key details such as:
- Date, time, and location of the injury
- Description of the accident
- Names of involved parties and staff
- Statements made at the scene
While these reports are often internal, you are entitled to request a copy. Make sure to report the injury to management before leaving the premises—even if you don't feel seriously hurt at the time.
Medical Records and Expert Opinions
Your medical documentation provides the direct link between the accident and your injuries. This evidence may include:
- Emergency room intake forms
- Diagnostic imaging (e.g., X-rays, MRIs)
- Treatment plans and prescriptions
- Doctor's notes linking injuries to the incident
Consistent medical follow-ups help strengthen your case, demonstrating the ongoing nature of the injury. In some instances, a medical expert may be needed to explain how the injury impacts your quality of life or ability to work.
Property Maintenance Records
A strong premises liability case often highlights what the property owner should have done to prevent the hazard. Maintenance logs, cleaning schedules, inspection reports, and previous complaints can all point to a pattern of neglect.
For instance, if a grocery store claims it inspects aisles every 30 minutes but has no logs to prove it, that inconsistency may raise questions about the property's upkeep.
Your attorney can help subpoena these internal documents during the discovery phase of your claim.
Weather Reports (For Outdoor Hazards)
Vermont's winter conditions frequently contribute to slip-and-fall claims. But property owners aren't automatically liable just because it snowed.
To argue that the owner was negligent, you need to show that:
- The snow or ice was not cleared in a reasonable time
- The area was unusually dangerous due to poor maintenance (e.g., no salt or sand used)
Certified weather data from the National Weather Service or local meteorological sources can help demonstrate when snow or freezing rain occurred—and how long the hazard was left unaddressed.
Clothing and Footwear
It may seem minor, but the clothes and shoes you wore can become evidence. For example:
- Torn or bloodied clothing may show the severity of the fall
- Footwear can demonstrate that your shoes were appropriate and not the cause of the slip
Keep these items in their post-accident condition. Don't wash or throw them away, as they may be inspected later.
Proof of Damages
In a premises liability claim, it's not enough to prove that the property owner was negligent—you also need to demonstrate how that negligence affected your life. Evidence of damages may include:
- Medical bills and out-of-pocket costs
- Proof of lost wages (pay stubs, employer letters)
- Documentation of home modifications or physical therapy
- Personal statements or journals detailing pain, limitations, and emotional effects
The more detailed and organized your documentation, the stronger your argument for full compensation.
Conclusion
In Vermont, building a compelling premises liability claim means doing more than simply pointing to a dangerous condition—you need clear, well-documented evidence to show that the property owner failed in their duty of care and that their negligence directly caused your injuries. From photographs to witness statements and medical records, every piece of information plays a role in reinforcing your case.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Vermont premises liability claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.