A slip and fall case is perhaps the most common type of injury claim. There are certainly more slip and fall cases of injury than any other type of accident. While a slip and fall case is more common, it is also more difficult. In fact a slip and fall case can be one of the most difficult cases to establish liability. The reason a slip and fall lawsuit is difficult is due to the inherent nature of the facts and the also the legal requirements. In your typical fall the person is in immediate and severe pain.
Proving Notice in a Slip and Fall Case
Of course the immediate focus is providing medical care as opposed to determine the cause of the fall. In slip and fall cases if there is an investigation initially it is by the owner of the store or premises rather than the police or other independent agency. Most slip and fall cases involve the issue of notice. Did the owner know of the hazard or should have known? What is the extent of that knowledge concerning the nature of the hazard that caused the fall? If the owner knew of the problem and did nothing to correct it or warn others then he or she has violated the common law duty of providing the care an ordinary, reasonable person would have provided. If the owner created the defect or the hazard then he or she has the required notice.
Proving The Elements of the Slip and Fall Case
The law provides that in order to establish negligence you must prove the existence of a duty, a breach of that duty, an injury, and proximate cause: that is, a causal connection between the duty breached and the injury suffered. A possessor of land who holds it open to the public is under a duty to aid or protect members of the public who enter in response to his or her invitation. An occupier of land owes a duty of reasonable care under the circumstances to all entrants on the property who are present with the occupier’s consent. Before a landowner may be held liable for an injury resulting from a dangerous condition on his or her land, the plaintiff generally must show that the landowner had actual knowledge of the condition or that the condition had existed for such a length of time that in the exercise of ordinary care the landowner should have known about it.
The Role of Your Lawyer in a Slip and Fall Case
Little if any of this information is known by the injured party, which is why you need a lawyer. When you call we will chat with you over the phone. An experienced personal injury lawyer will help you evaluate the case assisting you in making the decision as to whether this is a case you should pursue. That’s where we come in.
Who are we?
We are a law firm of personal injury lawyers who understand law and how to obtain the best compensation for your injuries. Our lawyers have over 30 years of experience and have concentrated on helping innocent victims obtain millions of dollars in compensation.
We can help you. We understand the process and can help you understand the process. We’re trained in the law and we also have the experience of knowing how to obtain compensation for injuries just like yours. We deal face-to-face with insurance adjusters everyday who are trying to make sure that your claim is settled in a way that would help the insurance company and not you. You can expect us to be aggressive advocates on your behalf. Our friendly trained team members will get you in touch with a knowledgeable personal injury lawyer who can help you. All of the lawyers in our firm have extensive personal injury litigation experience in helping individuals just like you. Give us a call for a free case evaluation.