Why Are Slip and Fall Cases Hard to Win?

Property owners and managers have a legal responsibility under premises liability law to keep their property relatively safe for customers, patrons, and guests. This means that they must review for potential dangers on the property, to remove these hazards and obstacles where possible, or at least to place warning signs so that people avoid getting hurt. 

A slip and fall accident can happen at any time and many people who get hurt in a slip and fall incident are seriously hurt and may not be able to recover easily. In these circumstances, it is imperative to consult with a dedicated and qualified lawyer immediately. A premises liability attorney is there to help guide you through the legal process and to answer your questions. The support of an attorney is vital for helping you with your next steps. You may not realize all of the processes that are involved in recovering compensation or that minor mistakes made early on in your claim can have long-lasting consequences. 

For example, if the owner of the property comes to you with a waiver or agreement for you to sign, you may not realize that you could be waiving all of your future rights. This means you would not be able to recover the compensation you need to pay your medical bills. 

Any communication with the property owner or manager after the incident should be limited and should ideally be managed by your attorney, like the ones at Morgan & Morgan. You may want to share details about the case with the property owner or manager to get them to understand how seriously you were hurt, but you may say things that could ultimately harm the outcome of your case. 

There are many different circumstances that can influence the outcome of a slip and fall case, so it is always important to work with a legal representative who has strong experience in this area of law. Slip and fall cases can be difficult, especially if you do not remember how the incident happened. You should always work with a qualified attorney who is familiar with settling these cases outside of court or preparing to take them to trial. Your decision to work with a dedicated lawyer can make a big difference in the outcome of your case.

You might not realize at the time when you slip and fall that you have potentially sustained a long-term injury. While fractures, broken bones, concussions, and other related injuries are common, you may have multiple medical conditions or others that may not show symptoms for some time. 

You may be able to prove liability in a number of different ways, but eyewitness testimony and footage from cameras may be helpful. However, unlike with a car accident where you have access to mileage reports, a log for a trucker, police reports, and car or traffic cameras, no such evidence may exist in your slip and fall claim. This means that when proving your case for premises liability, you may have to rely on your firsthand account and any testimony from witnesses if they were present at the time of the accident. 

Attempting to recover damages for your injuries can also be difficult, especially if most of the evidence, such as camera footage is held and owned by the premises owner. You must show three different elements in order to be successful with a slip and fall case. First, you must show that a defendant owed you a duty of care while you were on their property. You must then ensure that you sustained damages and injuries that lead to financial losses and that the defendant's negligence is the direct cause of your injuries and losses.

Finding experienced premises liability lawyers, like those working at Morgan & Morgan, is the first step to take to identify liability in slip and fall accidents. More than one person or entity may be responsible for your injuries, but this can only be identified when you launch an investigation quickly. After you have developed the validity of your overall case, you must identify all parties who may be held responsible. Depending on the specifics of your case, this can prove challenging. 

You will need to likely show that:

• The owner of the premises or the employee in question knew about the dangerous condition or obstacle but failed to do anything to repair it or remove it.
• The employee or owner of the premises in question caused the dangerous condition that ultimately led to your slip and fall accident and your resulting injuries.
• The employee or owner of the premises should have known about the dangerous condition because it was in such a way that a reasonable person would have been familiar with it, and would have at least attempted to fix it so that it can pose no threat to customers or guests.

It can be challenging to recover compensation in a slip and fall accident, which is why many people wonder why slip and fall cases are hard to win. If you're thinking about meeting with an attorney and wondering why slip and fall cases are hard to win, you should bring any and all evidence you have supporting your claim to that initial meeting.

Personal injury lawyers play a crucial role in developing the strength of your case and then bringing it forward to court. Many premises liability cases can be resolved outside of court, but some may still go to trial. In that case, you want an attorney who has extensive experience and familiarity with this area of the law so that you can feel confident handing over management of your legal claim to them. 

Set aside a time to meet with the experienced and dedicated lawyers at Morgan & Morgan. If you have recently sustained injuries in a premises liability accident, you don’t have to go through it alone. Contact us today.

Make sure you do your research when selecting someone to help you with your premises liability claim. There are many different factors involved in the success of a lawsuit, and you want someone who has familiarity with the local courts as well as the state's interpretation of premises liability law. Do not hesitate to contact an attorney, however, as this may be your best chance to recover compensation before the statute of limitations expires.

You have many different choices of premises liability lawyers, but it is important to find the law firm that you feel confident in and are sure will keep you up-to-date about your case. Since so many different outcomes can happen in a slip-and-fall case, it is important to retain legal counsel that is dedicated to doing everything right for you. This means discussing the potential outcomes of your case and totaling the cost of damages so that you know what may be a fair settlement offer. 

If you receive a settlement offer that allows you to move on with your life and receive payments for your bills and expenses now as well as in the future, this may be a better outcome for you than going to court. That being said, not every insurance company or other party in a lawsuit will present a fair settlement offer to you, and your lawyers may need to be prepared to go to trial to fight for the best possible outcome for you. At Morgan & Morgan, we know that each case is unique and we work to help our clients understand what to expect at every phase so there is no confusion. 

If you need a dedicated legal team at your side for your case, look no further than Morgan & Morgan.