Why Slip and Fall Cases are Difficult to Win
When you hear about premises liability lawsuits, slip, trip, and fall cases may be the first type that come to mind. However, despite their prevalence, and despite the fact that slips and falls generally result in serious injuries, slip and fall cases are difficult to win.
When these types of accidents occur, it is usually because of carelessness or negligence on the part of the property owner. From failing to place signage warning of wet spots to allowing objects to lie in the middle of walkways, and from failing to maintain their sidewalks to providing workers with unstable working surfaces, there are a number of ways in which a property can fail to protect visitors, patrons, or employees. However, even if a property owner does fail to place a sign where a wet floor is present, fails to keep walkways clear of hazardous objects, or fails to maintain clear sidewalks, an accident victim may still have a hard time proving his or her case.
At Heiting & Irwin, we have helped countless individuals with slip, trip, and fall claims. In some instances, we went to trial and won. Winning is never “easy,” though, and always requires the skill, knowledge, and aggressive determination of our Riverside slip and fall attorneys and team.
Why Slip, Trip, and Fall Cases are More Challenging Than You Think
Any personal injury case relies on the victim’s ability to prove negligence (liability) on the defendant’s part. The plaintiff of a slip and fall claim must also prove all elements of a negligence claim, which include proving that the defendant owed the plaintiff a duty of care, that the victim suffered physical or monetary damages or both, and that their damages were caused by the defendants’ negligence.
However, whereas liability for a car accident can be proved with the assistance of police reports and camera footage, and liability for commercial truck accidents can be proved with trucking logs, mileage reports, and eyewitness testimony, slip, trip, and fall cases may have no such evidence. They may have to rely solely on first-hand accounts.
Moreover, accident victims must prove that the property owner and/or someone in charge had reasonable knowledge (notice) of a potential hazard and had reasonable time to repair or remove it, but failed to take appropriate action to correct it.
In the best-case scenario, the accident and the circumstances leading up to it are caught on camera, a third party can collaborate the plaintiff’s testimony, and there is hard evidence pointing towards the property owner’s knowledge of the danger. In the worst-case scenario, the only person to witness the event is the victim himself, and there is absolutely zero evidence suggesting that the property owner was aware of the hazard. Unfortunately, the second scenario is all too common, which is why so many slip, trip, and fall cases are not accepted.
Riverside Slip and Fall Lawyers Will Fight to Resolve Your Claim Successfully
Slip and fall cases can become extremely complex very quickly. It is our job at Heiting & Irwin to make sense of your case and uncover enough supporting evidence to ensure that you walk away with a fair recovery of damages. Our experienced Riverside slip and fall attorneys know what evidence is necessary to support your case and, hopefully, show how there was no way that you were distracted or careless or any other excuse the defendant’s lawyer might try to come up with that shows you could have caused the accident on your own.
Slip and fall cases may be difficult to win, but with the right team on your side, you have a fighting chance. To take the first steps towards resolving your claim, call 951-682-6400 or use our online form to schedule a free consultation today.
