Slip and Fall cases can be very tricky from a liability standpoint. The first question is: Why did this person trip and fall? It seems like the burden of proof falls on the person who was injured to immediately demonstrate that they did nothing wrong. In order to have a strong slip and fall personal injury case, the plaintiff (the person who was injured) must be able prove (not allege) that the defendant (the person or entity being sued) had knowledge of the dangerous condition and failed to take appropriate action to remedy it or that the defendant created the dangerous condition. The plaintiff must also be able to demonstrate that the fall resulted in significant injuries and financial losses. Without being able to prove these elements, the plaintiff will have a very difficult time with his or her slip and fall case.
For example: Let’s say that you are getting gas at a gas station, and you are going inside to pay. While you are walking into the store, you slip and fall on a clear slippery substance right outside the front door. The clerk sees you fall and comes out to help you and says that the owner spilled the slippery stuff about 30 minutes ago and never cleaned it up, and also says that he was surprised that no one has broken their necks because several people before you has almost fallen. Even better, they have video surveillance, with time stamps, of the owner making the mess and the other people slipping. You didn’t know that the owner made a mess, failed to clean it up, and failed to take any action to protect its customers from this known hazard. Likewise, the employees took no action when they saw other customers slip as well. If you were injured, you would have a strong slip and fall case.
On the other hand, a weak slip and fall case is one where the plaintiff is unable to provide sufficient evidence to prove any of the elements. This could include lack of proof that the defendant had knowledge of the dangerous condition or that the defendant created the dangerous condition, or that the plaintiff's injuries were not caused by the fall.
Lack of evidence and the inability to prove the case will create a weak slip and fall case. Additionally, if the Plaintiff has a pre-existing injury or condition, this could also weaken their case, as it might be difficult to determine the true extent of the injuries sustained.
Every slip and fall case is factually different and every plaintiff is different, and the strength of a slip and fall personal injury case will depend on the specific facts and circumstances and the evidence available. Just because you were injured in a slip and fall, doesn’t mean it was someone else’s fault or that you are entitled to damages. It's always a good idea to consult with an experienced personal injury attorney to evaluate the strength of your case and discuss your options.
If you or a loved one has been injured in a slip and fall at a residence or a business and need assistance dealing with the insurance claim, please consider calling the Dellutri Law Group. At the Dellutri Law Group, we have been helping individuals injured in slip and falls for the past 25 years, and we are proud of results that we have achieved for our clients, the relationships that we build with our clients and our community involvement. It’s what we call the Dellutri Difference.
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