Slip and fall, or premises injury cases, can be a very difficult area of law. To meet the burden of proof required for a Slip and Fall cases you must prove the property owner had or should have had notice of the dangerous condition and opportunity to resolve the issue.
Whenever a slip and fall injury occurs the establishment will usually go on the defensive seeking to point the finger at the injured party. There are several complications that can arise in such a case with the main ones being liability and injury. First, before a company will accept that you were injured we will need to make sure they are taking responsibility for how you were injured. Many people will immediately assume that there is constant video surveillance footage and their injury must have been caught on tape. This is not always the case. Even if a video does exist it is highly unlikely you will get a copy of the video until you have actually filed a lawsuit. Unfortunately you have no legal right to that footage prior to the discovery process of litigation. Additionally, unless you put the company on notice that they cannot destroy that footage and it may not be available at a later date. If there is no video footage of your fall there are other things we can look for such as store sweep logs and reports of water leaks. We can make sure that the proper steps are taken so that your evidence is preserved.
Additionally, we will need to determine who is responsible for the cause of your slip and fall. If another patron spilled a drink it can still be the duty of the establishment to make sure their floors are clean. An establishment can also be held responsible for failing to notify you of an issue by placing signs when they are aware of a problem, or have recently cleaned the floors.
Lastly, slip and fall cases result in the opposing counsel digging into your past history and attempting to relate even the most miniscule problem as a prior condition. We want to fight to make sure your injuries are considered for what they are. It is important that you hire an attorney quickly for slip and fall cases. Contact The Accident Law Group today!!