Again, we are doing a series on what you shouldn’t do after you are injured and before you hire an attorney to assist you, assuming you ever do. Like motorcycle accidents being different than car or truck accidents, falling cases are a niche’ of property liability law. So why is that so true?
It is true because every slip or trip & fall case will include a claim for comparative fault. Comparative fault can be a major bar to winning so take heed of today's advice.
You faling and the jury comparing fault, is a major stumbling block for just about every one of these cases. Most people will simply quickly get up off the ground, dust themselves off and embarrassed quickly leave the area. This allows the management to fix the problem that caused you to fall. They wipe up the water, put down a mat or rug or remove the article causing the person to fall. Many times you are not the only person who slipped and fell. But who actually assessed what made them slip? Tripping is easier because you can normally see what caught your foot. But slipping is a whole other matter. (i.e., water, wax, ice, snow, alcohol or some other foreign substance.)
So what will a lawyer do that you won’t, can’t or aren’t going to do?
- You fail to properly investigate what made you slip.
- You fail to preserve your shoes as they were on the day you slipped
- You fail to interview witnesses.
- You fail to secure other incident reports that management knows about but won’t tell you exist.
- You fail to prepare for the recorded statement by going over the facts and details.
These slip-fall cases are hard enough to win when liability is clear. But, when liability is not clear they can be a nightmare to prove. Add to the mix the client mistakes and I would venture to say fewer than twenty-five percent can be successfully proven. Don’t make assumptions about whether your case should be in the 25 or 75% category, call us and let us talk about the law. If you don't have a case we will tell you so and if you do we will take on your cause.
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