Are slip-and-fall cases hard to win? It depends on the facts of the case.
If the property owner was truly negligent in your accident, and you can prove this, your case may not be too difficult to win. Here is what you may want to know about winning these cases from a Mobile slip-and-fall lawyer.
Exploring the Difficulty of Winning Slip-and-Fall Cases
Slip-and-fall cases aren’t necessarily harder to win than other personal injury cases. An attorney may not take on a case if they do not think the evidence is there to prove the four elements of negligence:
- The property owner owed you a duty of care.
- The property owner breached their duty of care.
- An accident occurred due to the breach.
- You suffered injuries in the accident.
One of the challenging aspects of slip-and-fall cases comes in the third point: breach of duty.
In many civil cases, Plaintiffs must meet the “preponderance of evidence” standard when presenting proof in a personal injury case. This means that their claims must be more likely true than not.
Factors Affecting How Difficult Your Case Is To Win
Many factors may affect how challenging any type of personal injury case is to win, including slip-and-fall cases. Prominent ones may include:
- Whether any witnesses saw the accident: Witnesses may significantly bolster a premises liability case. If anyone is willing to testify to how your accident occurred, they may help prove the property owner’s negligence.
- The presence of photo or video evidence: If the accident was caught on video, the defendant may have trouble disputing it. Photo evidence may also support your claim of specific hazards on the property that led to the accident.
- The property owner’s cooperation: If the property owner outright denies their role in your accident, you’ll maintain the burden of proof. However, some owners are willing to accept their liability and settle out of court to streamline the legal process.
- Your legal representation: You may want to choose an attorney specifically experienced with slip-and-fall cases or who has a proven track record of success.
How To Prove Fault and Bolster Your Case
Are slip-and-fall cases hard to win? While they certainly can be, gathering compelling evidence can increase your chances of securing compensation. Here are some strategies for proving fault in a slip-and-fall case.
Show That a Hazard Existed on the Property
You may not be able to claim compensation if you simply tripped over your own feet. You may be able to show that a hazard existed on the property that caused you to slip and fall. Maybe it was:
- Merchandise in the aisle
- Significantly damaged flooring
- Poor lighting
- Large puddles or accumulations of ice
- Missing handrails
Photos, witness statements, videos, and previous accident reports may all be able to support your claim.
Support the Property Owner’s Actual or Constructive Knowledge of It
You typically need to prove one of two types of knowledge:
- Actual knowledge: The property owner actually knew of the hazard. Maybe it had been documented in incident reports, maintenance records, surveillance footage, or even text communications between employees.
- Constructive knowledge: There were enough facts available that the property owner should have known about the hazard had they been acting responsibly.
Understand That Contributory Negligence May Factor In
In some cases, under the doctrine of contributory negligence, if you were even 1% negligent in your own accident, you cannot recover any damages.
Building a strong case may require you to prove that the accident would have happened despite your efforts to stay safe.
Jackson & Foster Law Can Help You Navigate a Slip-and-Fall Case
Are slip-and-fall cases hard to win? They can be without the right evidence and legal representation on your side.
At Jackson & Foster Law, we have extensive experience representing victims of slip-and-fall accidents. Allow us to listen to the details of your accident and help you understand your eligibility for compensation. If we believe you have a case, we will help you prove it.
Contact us today at 251-433-6699 to schedule a free consultation, then learn more about proving pain and suffering in a personal injury case.
