Also known as “premises liability”, slip and fall cases generally occur with someone is injured on property that is owned and controlled by another person. They are referred to generally as slip and fall cases because they usually involve someone slipping on something while shopping, and being injured from the fall. But these claims also include other injuries, such as items falling from shelves, or injuries from holes in the floor or sharp items sticking out and cutting someone walking by.
Slip and fall cases are always treated with suspicion, especially from insurance adjusters. The claimants are generally viewed as people who are trying to game the system. Adjusters see them as people who either seek out dangerous conditions or create them themselves in order to recovery money. This view couldn’t be farther from the truth. While there are a few who attempt to defraud a company out of insurance money, most people injured in these types of cases have genuine claims for their injuries.
On top of the cynicism towards slip and fall claims, it is also difficult to prove liability on the part of the property owner due to the nature of the accident and the legal requirements for imputing liability. First, you have to prove that there was, in fact, something wrong with the property which caused the person to fall or otherwise be injured. Often the injured person will see what that condition was, but fails to take photos to document it. Also, in order for the owner to be liable, they must have been aware of the condition. The property owner could argue that they had no idea that there was something on the floor, and therefore they should not be liable.
These are common issues a person faces in slip and fall cases. Without the assistance of legal counsel, a person will have an almost impossible time of getting adequate compensation for their injuries. The Law Office of Randy K. Bell has handled numerous premises liability claims and understands the legal issues that are involved. If you have had an injury while at a department store or restaurant, contact our office for a free consultation. We would be happy to evaluate your case and give you a good understanding of what to expect in seeking to recover for your injuries.