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Why Is Proving Slip and Fall Negligence So Difficult?

Why Is Proving Slip and Fall Negligence So Difficult?

The problem with slip and fall cases is that oftentimes, these are some of the most difficult to prove liability. It’s different from say, a car accident, where it can be easily seen that one car struck another. Slip and fall injuries can happen at any time, anywhere, such as a parking lot for example, where you may or may not have witnesses around to corroborate the claims of the victim.

These injuries can become even more difficult because they occur in public places. Take the above example of the parking lot. This happened to one man who slipped and fell on ice in a Target parking lot over a decade ago.

Who is liable for unsafe conditions that cause the injury?

At the time, the law stated that he had no claim and his case was thrown out because the store could not be held liable for “natural accumulation” of ice. In other words, it was a matter that left his fate up to Mother Nature.

These are some other examples of other unsafe conditions:

  • Unstable stairs or stairways
  • Potholes on the road
  • Floor tiles that have been broken
  • Loose flooring
  • Defective handrails

The Supreme Judicial Court revisited this law recently to hold store owners more accountable over ice that accumulates in parking lots and storefronts. The man’s case was taken to appeals court and he eventually won his settlement based on the changed legislation.

Who should I name in my suit?

Parking lots are not the only places that are susceptible to slip and fall injuries. Injuries have occurred on city grounds, such as on an uneven sidewalk, may be a premises liability case that would need to be filed with the city’s jurisdiction.

Litigating against places that are also common sites of slip and fall injuries, such as department stores and restaurants, can be done against the corporate body who presides over the company. For example, if an employee had recently mopped an area, and failed to leave a warning sign or notify management to do so, may lead to the company’s liability. Similarly, slip and fall injuries on construction sites or while at your employer’s may be a case against the employer or the construction site overseer.

It can get tricky, though, in cases where they may be multiple owners, or simply in cases of shared liability. That is when it becomes all the more important to consult with an injury attorney.

Need more answers? Contact us!

If you were injured in a slip and fall injury, then you need the expertise of our Dallas personal injury attorneys. As you can see, these types of cases can be immensely challenging to work through on your own. We have many years of experience handling these types of cases. We know where to look to find liability and do so with diligence and care, so that your interests are properly represented.

Ready to begin? Contact Daspit Law firm today either by calling us or filling out an online form for a free case evaluation. We stand ready to help!