Why is it so difficult to win a case involving a slip and fall?
Slip and fall, trip and fall, and other premises liability claims fall under the category of personal injury lawsuits in which the injured party sues the property owner for the harm. These kind of incidents typically occur as a result of the owner’s negligence in maintaining the property for the benefit of tourists, patrons, or staff.
According to the National Safety Council (NSC), over 800,000 persons are hospitalized each year in the United States alone due to slip and fall incidents.
Additionally, these lawsuits are extremely difficult to win without the assistance of an expert personal injury attorney. Therefore, if you require assistance with a slip and fall lawyer in Vancouver, WA, our skilled attorneys are prepared to defend your case.
Is it difficult to win slip and fall cases?
Yes, slip and fall claims are difficult to win because to a lack of sufficient evidence establishing who was at responsibility for the event. The defendant must prove that the other party’s negligence caused your physical and financial harm. And it is only under these circumstances that you can successfully pursue an accident claim and receive a reasonable payout from the insurance company.
Liability for an automobile or truck collision can be established by the use of police documents, camera evidence, vehicle logs, mileage reports, and eyewitness testimony, among other things. These items constitute proof of fault and serve as the foundation for convincing evidence supporting your accident lawsuit. If you’re considering filing a lawsuit, contact a Seattle slip and fall attorney.
However, in slip and fall instances, there is no proof such as video footage to establish the percentage of fault attributed to each participant involved in the event. For instance, if you slip on a wet floor or trip on a walkway in an area without surveillance camera footage, there is no evidence as to who is at fault. Thus, the best-case situation is to present reasonable evidence showing the property owner was aware of the harmful condition but failed to remedy it.
Apart from that, the worst-case situation is if the property owner was unaware of the hazard, which is frequently the case. This makes winning a slip-and-fall lawsuit more difficult.
The Four Components of a Viable Slip and Fall Claim – What Do You Need to Establish in Order to Win?
Both slip and fall and negligence claims are predicated on the same fundamental grounds, which are as follows:
Damages for Breach of Duty Causation
To begin, if you admit to suffering an injury while on another person’s property as an invited visitor, it is reasonable to presume that the owner owed you sufficient care to safeguard the premises.
As a result, the victim of the slip must establish that the dangerous condition occurred as a result of the owner’s ignorance. For instance, if you accidentally left a banana peel in front of your stairs or neglected to salt your parking lot during the winter.
Following that, the injured party must establish that the owner’s ignorance of the harmful state resulted in your personal and financial injuries.
Finally, as the plaintiff, you must demonstrate that you are entitled to every penny you claim, including pain and suffering, medical expenditures, future treatment, financial losses, and other financial charges.
What Are the Difficulties in Achieving Victory?
Even the most seasoned attorneys will fail to defend you if you fall into the following traps —
Limitation Period- This section establishes the time period during which you must file a lawsuit or finish the settlement of your claim. By missing this period, you effectively negate your claim, which begins immediately after the accident.
Absence of Objective Evidence – A lack of objective evidence is a roadblock in your argument. If the case is decided solely on the basis of the plaintiff’s or defendant’s remarks, the odds of winning are stacked against you.
Soft Tissue Injuries – Because soft tissue injuries such as whiplashes do not constitute a significant injury, such cases have become synonymous with false personal injury claims.
Proving Causation – Simply demonstrating the presence of a hazardous condition is insufficient to win an accident claim; you must also demonstrate that the slip was legitimate and was the cause of your significant damage.
Dispute Resolution with the Insurance Company – The insurance company will attempt to settle for the least amount possible. Therefore, ensure that you have an experienced personal injury attorney on your side to obtain the best outcome possible during a negotiation.
Comparative Fault – Comparative fault is the process of calculating the percentage of blame assigned to each party engaged in an incident. For instance, if you are found to be 30% at blame for an accident, you will forfeit 30% of your claim.
In the worst-case scenario, slip and fall accidents can result in catastrophic physical injury. Thus, it is critical to call the appropriate injury law firm and request that the firm’s skilled personal injury lawyers negotiate and obtain the maximum consumer injury settlement available to you. Therefore, contact a slip and fall lawyer in Vancouver, WA today if you require assistance.