Slip and fall cases are quite common and may happen to anyone. While some slip and fall injuries will be mild or trivial, some can cause severe complications such as spinal cord injury, brain damage, compound fracture, etc. However, you can always claim your damages by consulting a credible slip and fall lawyer and filing a lawsuit. Note that according to the premises law, it is the responsibility of the owner to maintain their property in a hygienic and safe condition to prevent accidents.
Ignorance, in this case, would make them liable for the slip and fall accidents taking place at their premises. It will be easier to prove the liability for a slip and fall lawyer if the defendant had a duty of care towards the plaintiff. For instance, public or private swimming pools, parks, parties, restaurants, etc. However, when you consider filing a slip and fall lawsuit against a person, there are certain factors that you may consider. Some of those important points are given below.
This is the most significant factor that you must consider when filing a slip and fall claim. Unlike other accident cases, it will be challenging for your attorney to prove the liability of the defendant in slip and fall cases. Additionally, your slip and fall attorney will have to prove that the negligent actions of the defendant lead to your accident. Hence, make sure to hire a well-versed lawyer who is specialized in the field.
It May Take Time
Going through legal proceedings is no cakewalk. In most cases, your case will take a significant amount of time to get solved. In other words, you will have to wait for a long time to get compensated for your damages. However, success is not guaranteed as well. It depends on the strength of your case and the ability of your slip and fall lawyer. Sometimes, out of court settlements will be much easier and faster.
Proving your Innocence
Other than proving the liability of the defendant, you will have to prove your innocence as well to win slip and fall cases. Note that it is not necessary that the slip and fall accidents always occur because of the negligence of a property owner or an employer. Sometimes, the victim can also cause the accident. For instance, when a person neglects the warning signs and goes to the damaged area of a building, when a person carelessly walks on the wet floor despite the ‘wet floor’ warning board, etc. Note that California boasts a comparative negligence policy. Hence, the compensation that a victim is entitled to get will be reduced based on his/her share of fault.