It is possible to win a slip and fall case and obtain compensation for any injuries, but it isn’t always easy to do. To win a slip and fall case, the victim needs to show that they were injured due to the other person’s negligence. However, this isn’t always easy to do.
Even in cases that may seem obvious, coming up with the right evidence and proving the case is more difficult than it may seem. Some of the reasons for this include the following.
Difficulty Obtaining Evidence of Accident
It can be hard to obtain any evidence from the scene of the accident. For instance, if there is video footage, the opposing party may not release it without a court order. If other evidence could be harmful to the negligent party, they’ll likely require a court order to share it with the injured person. This is where help from Curtis Legal Group can help, as a lawyer knows how to request evidence officially and what can be done if the requested evidence isn’t provided.
Difficulty Determining Who is Liable
Slip and fall accidents fall under premises liability, so there are times when someone falls and can sue the liable party to gain compensation for their injuries. However, determining who is liable can be difficult. If someone slips and falls at a grocery store, for example, the store may be liable.
However, if the repair needed to prevent the slip and fall was discussed with the property owner, but the owner did not make necessary repairs, they may be liable instead of the store. It can come down to the details of the case to determine who is liable for the accident.
Difficulty Showing Prior Knowledge
In these cases, it typically needs to be proven that the liable party knew about or should have known about the hazard and did not prevent the fall from occurring. It can, however, be difficult to show that someone knew about the issue and did not take action.
Proving this may require witness accounts, video footage, cleaning logs from the store, or other evidence that can be difficult for the victim to obtain on their own.
Difficulty Showing Insufficient Action Taken
Sometimes, it comes down to how quickly action was taken or what actions were taken to help prevent a fall. Using the store example, a store can clean a spill fast and prevent any falls. If the floor is mopped, but no signs are posted or removed before the floor is fully dry, it can be possible to prove that insufficient action was taken to prevent an accident. As with the difficulty of showing prior knowledge, however, this can be not easy to prove.
Why Proving Liability in a Slip and Fall Case Remains a Challenging Affair
Slip and fall accidents are responsible for hundreds of emergency room visits every year, and many of them are preventable. When an accident isn’t prevented but could have been, it may be possible for the victim to obtain compensation for their injuries.
However, proving they are due compensation can be difficult, so it is recommended that any slip and fall victim speak with a lawyer and get help for their case. With the right help, it may be a little easier to prove liability and obtain the full amount of compensation needed.