Slip-and-fall accidents are the leading cause of unintentional injuries in the United States. According to data from the Centers for Disease Control and Prevention, 8,173,179 people were injured in slip-and-fall accidents in 2018 alone. While these types of accidents are common, they can also leave people with devastating injuries. If you have suffered injuries in a slip-and-fall accident while you were visiting someone else’s property or a business, you might wonder, “Are slip and fall cases hard to win?”
Are Slip and Fall Cases Hard to Win?
While you might think that slip and fall cases are straightforward to prove, they can be difficult because three things must be proven by the victims. First, you must be able to prove that your accident and injuries were caused by someone else’s negligence. Second, you must prove that the other party’s negligence was a direct cause of your injuries. Third, you must prove that you have suffered direct financial losses as a result of the injury. If you simply slipped and fell because you were not paying attention, you probably won’t have valid grounds to file a claim. If the property owner caused a hazardous condition that caused you to slip and fall or failed to do something that led to your accident, however, your claim may have legal merits. An attorney can analyze the facts and circumstances to determine whether your claim is valid.
Proving Negligence in a Slip-and-Fall Accident
Before you can recover compensation for your losses in a slip-and-fall claim, you must prove that the property owner was negligent. All property owners owe a duty of care to keep their premises in a reasonably safe condition to protect people who are lawfully present on their property.
While it might seem straightforward, it can be hard to prove the property owner’s negligence. You will need to present evidence that the property owner knew about the dangerous condition or should have known about its existence. You will also need to prove that they failed to correct the problem or that the condition was caused by the carelessness of the owner. Once you prove that the owner was negligent, you will then need to prove that his or her negligence directly caused your fall and injuries.
Many property owners argue that the victims caused their falls because of their own negligence. For example, if you were running through a store and slipped and fell when you tripped over torn carpeting, the store’s owner will likely argue that your accident was primarily caused by your careless actions rather than the torn carpet.
Gathering Evidence in a Slip-and-Fall Case
While most personal injury cases require people to prove negligence, it can be more difficult to gather evidence in a slip-and-fall accident. For example, a car accident claim might have police reports, accident reconstruction reports, witnesses, and other types of evidence that are relatively easy to secure. In a slip-and-fall case, you might not have those types of evidence. Instead, you might have to rely on first-hand accounts of what happened and circumstantial evidence to help you to demonstrate the property owner’s negligence.
For example, if you slipped and fell in a puddle of milk in the middle of a grocery aisle without anyone else around, you might not have eyewitnesses who saw what happened. You will have to rely on other types of evidence to demonstrate that the puddle had been left on the floor for a long enough time that the store’s owner or employees should have reasonably discovered and cleaned it. In this type of case, inspection logs might be important to help you demonstrate the amount of time that had elapsed since the aisle was last checked by a store employee before your accident.
Talk to an Attorney
Are slip and fall cases hard to win? Yes, certainly. Because of this, you should consult with an experienced personal injury attorney about your case to determine whether you should pursue it. The injury lawyers at Ellis & Associates can review your case and explain your legal options. Contact us today to learn more about your claim.