The Facts You Need To Know About Trip and Fall Injury Resolution
Premises liability cases are notoriously difficult for a claimant (you) to win. The typical premises liability case is a “slip-and-fall” or “trip-and-fall”, although there are other types of premises liability cases.
To prevail in a premises liability case, we must prove that:
- There was a dangerous or defective condition in the premises,
- The premises owner/manager/personnel knew or should have known the dangerous condition was there,
- The dangerous or defective condition was the cause of injury to the claimant, and,
- The claimant was actually injured by the dangerous or defective condition.
The Challenge of Proving Liability in Trip and Fall Cases
The difficulty in proving these types of cases typically surrounds #2 – that the owners or personnel knew or should have known of the condition.
For example, water on a store’s tile floor may be an obviously dangerous condition. But if the water had only been spilled moments before the claimant slipped on it, and if the store personnel did not have time to clean it up, then the store will not be held responsible.
Addressing the Challenges of Trip and Fall Cases
These difficult cases are likely to require more investigation and are more likely to require an expert to evaluate the dangerous condition.
However, if your personal injury is due to the negligence of another party, you are entitled to an appropriate settlement and should investigate filing a claim.
Free Initial Consultation
Your initial personal injury consultation with our office is free. You will talk with an attorney about the incident and get the information you need to decide whether you want to drop it or seek payment for medical bills and compensation for your injuries. You will learn how the law views the circumstances of your personal injury and how easy or challenging it might be to prove what happened.
After your initial consultation, our fee is deducted from the settlement proceeds at the resolution of your claim. In most cases, we use a “contingent fee” arrangement which sets the fee as a percentage of the total recovery. If there is no recovery, there is no fee. This method allows you to retain high quality legal counsel without incurring expensive advance payments.