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Why Are Slip and Fall Cases So Hard to Win?

Why Are Slip and Fall Cases So Hard to Win?

Slip and fall accidents are considered a type of premises liability case. However, they are historically difficult to win.  This area of the law holds property owners and managers responsible for injuries that occur on their properties when they have been negligent. However, slip and fall cases are historically difficult to win because of factors such as:

Proving Negligence 

In order to win a slip and fall case, you must show that the property owner was negligent. This generally comes down to proving:

  • There was a dangerous condition on the property 
  • The property owner or someone in charge of the property knew about the hazard or should have known about it 
  • The property owner had a reasonable opportunity to correct the hazard 
  • The property owner’s failure to correct the hazard caused your injuries

In car accident cases, you may be able to depend on objective evidence like the positioning of the vehicles and damage to them or traffic cameras to help establish negligence. However, many slip and fall claims are based on the victim’s personal account. There may not have been anyone who saw the accident or who can say how the accident occurred. 

Getting the Right Evidence

So, if you want to know how to win a slip and fall case, it often comes down to gathering the right evidence that can support your claim. Your evidence must be strong enough to convince an insurance adjuster or jury that you are telling the truth and the property owner was negligent. 

This evidence might include: 

  • Eyewitness testimony – After your slip and fall, you might have been confused and not paying attention to what was going on around you. Workers, customers, or others may have seen the accident. Their testimony may support your claim.
  • Accident report – If you were hurt in a store or public place, there may be an accident report that identifies the person responsible for the property, identifies any witnesses, and explains whether any corrective action was taken to remediate the premises.
  • Security footage – If the business where you slipped and fell had a closed-circuit television security camera system, there could be a recording of your accident. However, don’t expect the store owner to just hand the footage over. You may need an experienced slip and fall injury lawyer to promptly demand access to this footage before it is recorded over.
  • Medical records – Your medical records may indicate that you were injured because you fell and the type of injuries you sustained. 
  • Maintenance records – Maintenance records may help to show that the property owner did not conduct maintenance audits often enough or that they missed the hazard during an inspection.

How Jeffrey Scott Lasswell, PC Can Help

Jeffrey Scott Lasswell, PC knows how insurance defense attorneys think. He used to be one. This gives him an insider’s knowledge about:

  • The tactics they may try to minimize the value of your claim and how to defend against them
  • The source of compelling evidence and how to obtain it
  • How to preserve evidence before it is lost or destroyed
  • How to calculate the full extent of your damages

You can see some of our recent results for slip and fall cases won and learn more about our slip and fall attorney here. When you’re ready, contact us today for your free consultation.