Understanding the Challenges of Slip and Fall Cases

When discussing slip-and-fall cases, it is important to note that every case is different. Because there are so many factors involved, these cases can be difficult. To be successful, a slip and fall claim needs to provide sufficient proof that a defendant’s negligence led to your injuries. 

This negligence is defined by an at-fault party’s action or inaction, causing you to slip or trip and fall. Property and business owners are responsible for meeting the duty of care to protect others’ personal safety. 

If you have suffered injuries in a slip and fall accident, you should reach out to the slip-and-fall accident lawyers at The Smith Law Center online or call us at (757) 244-7000 for a free case review. Our team has recovered over $1 billion for our clients, including a record $12 million in a slip-and-fall verdict.

Why Are Slip and Fall Cases Hard to Win?

Slip and fall accidents are common occurrences. According to data from the National Safety Council (NSC), more than 800,000 Americans are hospitalized due to injuries suffered in slip and fall cases annually. 

But hospitalized or not, you may be entitled to compensation if you are hurt because a property or business owner is at fault for your injuries.

However, with slip and fall claims, the evidence may be a lot harder to find. Often, a slip and fall case relies on the firsthand accounts of the victim or testimony from witnesses.

Some state laws can sometimes be harsh on victims in slip and fall cases. This comes from a concept called contributory negligence—a rule barring a person from recovering compensation from a claim if they contributed even 1% to their own slip and fall and the resulting injuries.

Because of these challenges, recovering damages for your injuries can be an uphill battle. A claim must answer the following three questions:

1. Breach of Duty: Did the defendant fail to meet the standard of care or keep you safe while you were on their property? An example of this may be neglecting to mop a water hazard or fixing a loose handrail.
2. Liability: Did the property owner’s failure lead to premises liability or failure to meet their duty of care, causing another person to suffer injuries and damages?
3. Damages: Did the negligent action or inaction of a property owner directly cause the injury that led to financial losses like medical expenses or missed time from work? 

Liability in a Slip and Fall Lawsuit

Proving these negligible acts in a slip and fall case can be a challenge, but knowing what to look for is the first step. Elements of a valid slip and fall claim depend on whether:

1. The property owner or their employees were aware of a dangerous condition but did nothing to repair or remove it.
2. The property owner or their employees caused the dangerous condition that resulted in injuries.
3. The property owner or their employees should have been aware of the dangerous condition. This means that a reasonable person should have known about the problem, and they should have fixed or removed the threat to their guests’ safety.

The National Floor Safety Institute (NFSI) reports that slipping or tripping accidents account for more than one million emergency room visits. Just because these accidents are common, it does not mean that they are all caused by someone else’s negligence.

Feeling overwhelmed at the idea of handling your slip and fall claim on your own? You’re not alone.

The Smith Law Center knows how to tackle these tricky cases head on to give your case a higher chance of success. Reach out to us online or call (757) 244-7000 to chat about how we can make things easier for you.

What Will a Lawyer Do for My Slip and Fall Case?

A qualified lawyer can walk you through every step of your slip and fall claim to successfully overcome the challenges in these types of cases, including: 

• Gathering Evidence: This usually includes consulting with the accident victim to document the incident and how it occurred. A lawyer will interview eyewitnesses, document their accounts, and review any video footage when applicable.
• Filing Your Case On Time: Your lawyer will ensure you don’t miss important deadlines by knowing the correct documents to submit and when to submit them.
• Calculate Your Damages: After an accident, a lawyer will collect and look over the medical bills from healthcare providers and other financial losses. They will then figure out how much money you should get to cover those losses.

Steps You Can Take to Support Your Slip and Fall Case

A slip-and-fall accident can happen anywhere, such as:

• Hotels 
• Swimming Pools
• Apartment Buildings 

The Centers for Disease Control and Prevention (CDC) reports that slip and fall accidents can cause many different injuries, like: 

• Broken bones
• Severe sprains
• Concussions
• Traumatic Brain Injuries 
• Hip and spine injuries

It can also lead to emotional trauma, depression, and anxiety about falling in the future or leaving the house.

To help your attorney provide adequate proof of negligence and the extent of the injury, it is crucial that you thoroughly document your slip and fall injury. To document the incident fully and build a stronger personal injury case, you should include the following:

Photographic Evidence

Photos of the accident scene with angles of the hazardous condition that caused your fall. Also, you should provide photographs of your injuries. The pictures should show the injuries immediately after the accident and as they heal. 

Witness Statements

If any witnesses saw the incident, make sure to collect their contact information. Their accounts can corroborate the circumstances surrounding your fall. It can also help to get witness statements in writing if possible.

Incident Reports

When a fall occurs in businesses or public spaces, the property owner or management typically requires incident reports to be filed. Make sure to request a copy of this report to serve as an official record.

Personal Diary

You should keep a detailed journal that documents your recovery process. Make sure to include pain levels, mobility issues, emotional distress, and impacts on your day-to-day life and activities.

Medical Records

Immediately after your fall, seek medical attention. Even if you do not think the injuries are serious, sometimes an injury’s severity increases with time. Try to keep these records organized after requesting copies of medical reports, treatment plans, and any bills related to your injuries.

Expense Records

Keep any receipts and records for out-of-pocket expenses related to the fall and the injuries suffered. These should include medications, medical equipment, any modifications made to your home to accommodate injuries, and transportation costs for medical appointments.

Employment Records

If you missed time at work and lost wages because of your injuries, obtain detailed documentation from your employer.

How Long Does a Slip and Fall Lawsuit Take?

Only a small percentage of slip and fall cases go to trial, around 5%, but it is also important not to accept the first settlement offer if it is not a fair amount. Depending on the type of premises liability claim, a lawsuit can take anywhere from 3 to 18 months before a settlement is reached. 

The timeframes usually depend on:

• The extent of injuries
• Your recovery time
• If a full recovery from the injuries is possible

A case should not be rushed to ensure all the medical bills are covered by the settlement. 

The compensation received should account for the medical bills and financial losses due to the injury, but it should also compensate you for the pain and suffering experienced because of a property owner’s negligence.

At The Smith Law Center, we have protected the rights of our clients since 1949. We have recovered millions of dollars in compensation for our clients, working hard to ensure they recover fully and get back to their lives. 

Let a Slip and Fall Attorney Help You 

A slip and fall accident is never expected. Injuries from these incidents can significantly affect your life, leading to sudden expenses and leaving you unable to work. It is hard to face a situation like this alone.

To win a slip and fall case, you will need to show exactly who was at fault, how their carelessness harmed you, and how bad your injuries and losses are. These types of cases can be complex, and if not handled correctly, it might be tough to get the right amount of money for your damages.

The skilled slip and fall attorneys at The Smith Law Center have a successful history of taking on difficult cases for over 75 years. Get started online or by calling us at (757) 244-7000 today.