Why Are Slip-and-Fall Cases Hard to Win?

Tripping is one of the most common things that happens to each and every one of us. There are many reasons why this happens, from uneven roads to potholes, but distraction will usually be the main culprit.

Most of the time, this won’t cause damage, and the only thing you might feel after the event is a bit of embarrassment. But that’s not always the case, as there are also many instances where you could slip, fall, and receive a serious injury.

Determining who’s at fault is very important when a fall significantly impacts your life, and the most common mistake you should avoid is thinking that you should have paid more attention to what was in front of you.

A sidewalk that wasn’t properly repaired or maintained, a wet floor in your local gym or grocery store, a badly constructed staircase, none of this is your fault. It should be pretty clear by now that a third party is responsible for your damages and you need to follow the correct legal process, so you can be adequately compensated.’

Getting hurt because of the fall or being hurt in the process of protecting yourself from it is the same thing, and you’re still not responsible for what happened. But proving what happened is a difficult process that will require an experienced lawyer.

Every Detail Is Important to Your Case

Obviously, the first thing you should do after a slip-and-fall that caused a serious injury is call 911, especially if you’re not able to stand up. You must avoid moving or performing any action that might worsen your injuries, as this will not help your case.

Slip-and-fall liability is a touchy subject, and the last thing you want to hear is that you’re at fault because you’ve hurt yourself after falling. Gathering the correct evidence is fundamental, as you’ll have to prove that what happened was caused by someone else’s negligence, and this is where everything becomes more and more difficult.

Property owners will always argue that you were simply distracted and what happened is all your fault, so the first thing you should do is ask for footage of what happened. Most places have a security system which will include a lot of cameras, and no one can lie or discuss liability when a video is available.

Your attorney will really help you, as he will ask for this footage as quickly as possible, so that if someone’s at fault, he won’t have the time necessary to erase the footage and even if he does, erasing it after your attorney’s request is not going to be a good look once you’re in court. If this footage is not enough, you should always ask for testimony from witnesses, especially if your fall happened in a public place. Most of the time, random bystanders will witness the entire slip-and-fall event, and will be able to present evidence as eyewitnesses. A statement that will back your claim will really make a difference and might be the key to winning.

The worst thing that can happen is that the accident took place with no witnesses and there’s no footage available from the camera security system. This will complicate things, but you should still file a claim because you’ll be able to gather evidence even in the worst-case scenario.

If emergency services were called, your attorney will still be able to negotiate, as he’ll simply show you police and medical records. Just remember that every little detail is incredibly important as slip-and-fall cases are very complex, and a lawyer is necessary if you don’t want to overlook any of them.