The Importance of Proving Liability in a Slip and Fall Case

The Importance of Proving Liability in a Slip and Fall Case

When it comes to slip and fall cases, substantial evidence is needed to prove liability for your claim to be considered valid. Perhaps you were just minding your business and all of a sudden; you tripped over an object or slipped on a slippery surface. Maybe the fall occurred as a result of your clumsiness, but no harm was suffered. 

The Importance of Proving Liability in a  Slip and Fall Case
[ photo: pexels by elijah o'donnell ]

On the flip side of the coin, you may have suffered serious injuries from such a fall as a result of someone else’s negligence. On the latter scenario, maybe the janitor forgot to mop off the floor dry or there was grease lying on the floor and the premises was inadequately lit for you to see. 

Maybe there were cables running through the floor that you didn’t notice. All these amounts to negligence and can be examples of a property owner/manager who didn’t observe their duty of care… they could be to blame for your slip and fall injury.

There’s really no telling when a slip and fall accident will occur. In addition to this, even after the application of all the well-known accident preventive measures, a slip and fall accident may still occur due to negligence by the caretakers or individuals tasked with certain responsibilities. 

But one thing to note that’s common in these cases is that slip and fall lawsuits can be hard to determine, sometimes challenging to win. After sustaining injuries from a slip-and-fall, your chances of getting fairly compensated lie about how well you can provide proof of negligence or liability. In this article, we’ll be looking at the importance of proving liability in a slip and fall case.

1. To Determine Negligence

While in the workplace or on someone’s property, it’s within your rights to be shielded from physical hazards. The employer or property owner must ensure that your environment is free from obstructive threats and factors that may cause harm to visitors or occupants legally on the premises. In most, if not all states in the U.S., slip-and-fall cases are legal liabilities to persons mandated to ensure safety to their corresponding surroundings.

If you sustain a slip and fall injury in the Garden State, your rights are protected under personal injury laws and you could be eligible for monetary compensation to help cater for your medical bills, loss of income, and treatment for any disabilities that may result from the accident. 

Like in so many personal injury lawsuits, Console and Associates lawyers in New Jersey maintain that slip and fall accidents are instigated by negligence. The major caveat in these cases is that you have to prove liability. With professional help from an expert attorney, it’s easy to determine negligence and prove liability in your slip and fall lawsuit, and ultimately get the fair compensation you deserve.

2. It Helps During The Discovery Phase

Slip and fall lawsuits involve following an intricate litigation process, which may be the reason why some of them take too long to close. After engaging the defendant or the negligent individual, the next stage in the litigation process is known as the discovery phase. 

During the discovery phase, it’s important to be armed with the necessary documents that prove that indeed you sustained injuries after a slip and fall accident while on their premises. Both the defendant and the plaintiff will be cross-examined and the deductions will help in the ruling. 

As the plaintiff, documentary evidence that could help in your case may include:
Proof of wages
Medical bills

Evidence that you missed out on important life events such as your kid’s birthday, weddings, or spousal activities as a result of the injuries
Incident report
Witness information

3. Dealing With Insurance Adjusters

Providing enough evidence to prove liability will also increase your chances of getting fair compensation from the insurance company in question (if any). After you slip and fall, and you’re injured on someone’s property, you may have to deal with a business liability insurer or a homeowner’s insurance company in pursuit of compensation. 

Either way, you have to come to terms with the harsh reality of dealing with insurance adjusters. These are hired hands employed by insurance companies to do their best to deny or reduce your injury claim as much as they can where possible. The bottom line, they don’t have your best interests at heart. One thing they’ll try to do is to pin the blame on you, perhaps by looking for:

Evidence of intoxication
Improper shoes and clothing during the accident
Distractions from phone use or earphones

If the insurance adjuster is unable to pin the blame on you, they may argue that your slip and fall accident was as a result of an age-related condition or that you had an existing injury before the accident. 

This having been said and considering that you sustained serious injuries from the slip and fall accident, there’s too much at stake and you don’t want to risk it all by self-representation. This is one of the reasons why you need to hire an experienced personal injury attorney as it will also save you the trouble of dealing with the insurance adjusters.

4. Validating Your Case

When all is said and done, not every dangerous condition will be as a result of negligence. The defendant may actually argue in court that your’s is one of those malicious attempts to tarnish their name and ruin their reputation or bring them down financially. 

Fortunately, a good attorney can help you in providing proof that indeed it’s not the first time a slip and fall accident occurred in the same location if at all no obvious evidence of negligence was apparent. Proving liability will help to validate your case because there have been rising cases of individuals who’ve instigated malicious claims of slip and fall cases in an attempt to win themselves some “jackpot” of sorts.

5. The Time Factor

In all matters, liability, just because you took a bad step on someone’s property doesn’t automatically mean that the property owner or premises manager is to blame for your injury. There has to be an investigation to prove the cause of the accident and to determine who was at fault. This is a process that will take into account, the damages or injuries sustained, and liability. 

These factors will determine how a slip and fall lawsuit will last. With the right resources to pursue the case, it may take you less time, considering that not all slip and fall cases end up in a trial. The proof of liability will, therefore, be a determining factor whether or not your case goes to trial, how you settle, and how much you get from your claim.

Like in any other legal case, the facts provided will help to secure the best ruling. Slip and fall cases are no different, notwithstanding the liability factor that makes them a bit more complicated. All the same, it is imperative to know the right procedures to follow and the best approach to employ in your case, and this means arming yourself with the best legal representation to help prove liability.

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