Slip and fall, trip, and fall cases fall under the premises liability lawsuit where the injured makes a personal injury claim against the property owner for the damage. These kinds of cases usually occur due to the owner’s irresponsibility of properly maintaining the place for the visitors, patrons, or employees.
According to the National Safety Council (NSC), more than 800,000 people are hospitalized every year because of slip and fall injuries in the United States alone.
On top of that, these cases are very difficult to win without the help of an experienced personal injury lawyer. So, if you need help about slip and fall lawyer in Airdrie, Alberta, then our experienced lawyers are ready to defend your case.
Are Slip and Fall Cases Hard to Win?
Yes, slip and fall cases are hard to win because of the lack of substantial proof that could explain who is at fault for the accident. The defendant needs to establish proof of negligence claim that that the other person’s negligence is the reason for your physical and financial damages. And only under these conditions can you win an accident claim and get a fair settlement from the insurance company.
The liability of a car or truck accident can be proven using police records, video footage, vehicle logs, mileage reports, eyewitness report, and etc. These things form the evidence of fault and form the basis of credible evidence that backs your accident lawsuit. If you are looking to file suit, check out a Seattle slip and fall lawyer.
But, in the case of slip and fall cases, there is no evidence like – video footage to verify the percentage of fault of each party behind the accident. For example – if you slip on a wet floor or trip on the sidewalk in a place with no security camera footage, there is no proof that relates to who is at fault here. So, the best-case scenario is to submit reasonable proof that the property owner knew about the dangerous condition and yet did not fix it.
Apart from that, the worst-case scenario can be that the property owner lacked knowledge of the danger and which happens to be the case most of the time. This makes it tough to win a slip-and-fall lawsuit.
The Four Elements That Makes A Solid Slip and Fall Claim – What Do You Need to Prove to Win?
Slip and fall cases and negligence cases are based on the same fundamental principles, which are –
- Breach of Duty
First of all, if you concede an injury as an invited guest on another person’s property, it is reasonable to assume that the owner had a duty to exercise enough care to secure premises for you.
Consequently, the victim of the slip needs to prove that the dangerous circumstance existed because of the owner’s unawareness. For example – if you left a banana peel in front of your stairs or carelessly forgot to salt the parking lot during winter.
After that, the injured person has to prove that the owner’s unawareness of the unsafe condition caused your physical and financial damages.
Lastly, as the plaintiff, you need to provide proof of every dime you are claiming, including your pain, medical expenses, future treatment, financial losses, and other financial costs.
What Are the Obstacles to Victory?
Even experienced attorneys will fail to defend your case if you fall into the following pitfalls –
- The Statute of Limitations Deadline – This defines the timeline you have to file a lawsuit or finalize the settlement of your claim. Missing the deadline here will essentially nullify your claim, which starts right after the accident.
- Lack of Concrete Evidence – The absence of objective evidence is a blockade in your case. If the plaintiff’s or the defendant’s words are the only proof in the case, then the odds of winning this case are against you.
- Soft Tissue Damage – Soft tissue damage or whiplashes do not form the basis of a serious injury, and as a result, such cases have become synonymous with bogus personal injury claims.
- Proving the Causation – The presence of a hazardous condition isn’t enough to win an accident claim, and so you need to provide evidence that it was a valid slip and also the reason for your substantial injury.
- Negotiating the Claim with The Insurance Company – The insurance company will try to settle for as little as they can give. So, make sure to have an experienced personal injury lawyer on your side to get the best out of a negotiation.
- Comparative Fault – Comparative fault is determining the percentage of fault of each person involved in the incident. For example – if you have a 30 percent fault for your accident, you will lose 30 percent of your claim.
In the worst cases, slip and fall cases can be the reason for serious personal injuries. And so, it is important to contact the right injury law firm and ask for the experienced personal injury lawyers to negotiate and win you the maximum consumer injury settlement that you need. So, get started today if you need help with slip and fall lawyer in Airdrie.