Although slip and fall cases seem like they speak for themselves, they need a copious amount of investigation and preparation. There are cases where it is obvious to everyone that the owner or coordinator of a facility was negligent in the maintenance area, but without the right preparation and proof, the case will almost always fail.
Attorneys who do not have substantial experience in handling slip and fall cases do not adequately prepare their clients for all important deposition testimony. That is why it is extremely important to hire an attorney who not only knows the law, but who can also anticipate and prepare against all possible defenses that can be raised in such a case.
It is just as equally important to hire an attorney as soon after the injury as possible. This is highly valuable when it comes to the inspection the dangerous area. A practiced trip and fall attorney like myself, will send an expert to the premises right away to have everything examined. The expert will investigate and evaluate the conditions of the premises. By having an expert on the scene early, your attorney will be able to instruct him to diagnose the actual cause of the fall. Simply relying on previously reported injuries to prove your case could lead to the case’s failure. Lack of expert witness’ testimony can significantly reduce your chances of success in a slip and fall or trip and fall case.
Once, assessing your injury details and the premises of the accident, an attorney can push forward with your lawsuit, assuming that you have a valid case. People often assume that just because they fell on someone’s premises, they can instantly sue that person or company. This is not always the case. In fact, you must provide sufficient evidence to prove four necessary elements in this kind of case:
1. The defendant owned, controlled or operated the premises.
The owner or occupier of the property has a responsibility to maintain the property and fix any issues that may cause harm. Without proving the defendant’s owed duty, you will not be able to win the case.
2. The defendant knew or should have known of the condition that could cause harm to the public.
If the defendant is shown to have not followed the maintenance practices, it may be possible to prove that there were improper premises management, and it resulted in a dangerous condition. Usually, the defendant will claim to have had no knowledge of the hazard. If your attorney can prove that the defendant failed to properly inspect the property, then constructive notice is established. Failing to conduct a regular inspection does not excuse the defendant’s claim to lack of knowledge.
3. The condition that caused your harm was dangerous, not just a “minor” defect.
The defendant could and should have taken care of this dangerous condition. Because of their negligence, they created an unreasonable hazard which ultimately caused your injury. A dangerous condition must be proven to be something more than a minor defect that would typically create no potential harm.
4. You suffered injuries as a result of the dangerous condition.
There must be sufficient proof that the dangerous condition could be solely blamed for your injuries.
If you’ve tripped or slipped and fallen on someone’s premises and have experienced measurable pain, it is best to document all conditions and seek treatment right away. We cannot stress how important it is to seek advise from a lawyer as soon as you can, following the accident. Call my office at 619-238-1905 for a free consultation.
