Most of us have had the unfortunate experience of falling. Usually, it’s a minor event where you’re more likely to be embarrassed than seriously injured. But what happens if you do require medical care? Can you pursue the property owner to cover your doctor bills, pain, and suffering?
Here are a few things you should consider:
1. A property owner could be liable if you can show they were negligent. The only way you can pursue compensation is if you can successfully demonstrate that a property owner failed to take reasonable measures to keep you safe. Reasonable measures include things like providing routine maintenance, fixing known hazards, or putting up warning signs.
2. Were you responsible, even in part, for what happened? Be prepared to have the property owner try to shift the blame on you to dismiss your claim. They could say you weren’t paying attention, or that the hazard was “open and obvious.” Sometimes, property owners have you sign a waiver before entering their premises (for instance, a trampoline park). These tactics, if successful, could reduce the amount of your settlement greatly or even, get your claim thrown out.
3. Evidence matters. The more proof you have to back up your version of events, the likelier an attorney will want to take your case. Examples of evidence include video footage, police reports, witness testimony, property maintenance records, and medical records.
4. Do you have serious damages as a result? As personal injury lawyers, one of the primary factors we evaluate when deciding whether or not to take a case is looking at how the injury impacted the victim’s life. Did they have significant medical bills? Missed time off of work? Was their lifestyle impacted in a major way? It’s not good enough that your fall “could have” been bad, it must have actually been bad to have a valid claim.
5. Slip and fall cases are hard to win. Many people think that if you slip and fall in a store, it’s an “easy” lawsuit. Nothing could be farther from the truth! In fact, these cases can have many obstacles which make them harder to win.
That being said, it’s important to call a well-rated injury attorney who has experience handling slip and fall cases. The team at Ladenburg Law understands what’s required to investigate and prevail in these cases. You can call us at any time for a free, no-obligation consultation about what happened. We’d be happy to give you honest, targeted legal advice about your case. Call us today.
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