Why A Slip And Fall Case Is A Hard Case To Win
When you hear about premises liability lawsuits, slip, trip, and fall cases may be the first type that come to mind. However, despite their prevalence, and despite the fact that slips and falls generally result in serious injuries, slip and fall cases are difficult to win.
When these types of accidents occur, it is usually because of carelessness or negligence on the part of the property owner. From failing to place signage warning of wet spots to allowing objects to lie in the middle of walkways, and from failing to maintain their sidewalks to providing workers with unstable working surfaces, there are a number of ways in which a property can fail to protect visitors, patrons, or employees. However, even if a property owner does fail to place a sign where a wet floor is present, fails to keep walkways clear of hazardous objects, or fails to maintain clear sidewalks, an accident victim may still have a hard time proving his or her case.
At the Law Office of Dimitrios Kourouklis, Ph.D., we have helped many individuals with slip, trip, and fall claims. In some instances, we went to trial and won. Winning a premises liability case is never “easy.” Each case is different and requires the skill, knowledge, and aggressive determination and action of our team of New York Slip and Fall Attorneys.
Why Slip and Fall Cases Are More Difficult Than You Think
Any personal injury case relies on the victim’s ability to prove negligence (liability) on the defendant’s part. The plaintiff of a slip and fall claim must also prove all elements of a negligence claim, which include proving that the defendant owed the plaintiff a duty of care, that the victim suffered physical or monetary damages or both, and that their damages were caused by the defendants’ negligence.
However, whereas liability for a car accident can be proved with the assistance of police reports and camera footage, and liability for commercial truck accidents can be proved with trucking logs, mileage reports, and eyewitness testimony, slip, trip, and fall cases may have no such evidence. They may have to rely solely on first-hand accounts.
In a premises liability accident case, accident victims must prove that the property owner and/or someone in charge had reasonable knowledge (notice) of a potential hazard and had reasonable time to repair or remove it, but failed to take appropriate action to remediate the dangerous condition.
In the best-case scenario, the accident and the circumstances leading up to it are caught on camera, a third party can collaborate the plaintiff’s testimony, and there is hard evidence pointing towards the property owner’s knowledge of the danger. In the worst-case scenario, the only person to witness the event is the victim himself, and there is absolutely zero evidence suggesting that the property owner was aware of the hazard. Unfortunately, the second scenario is all too common, which is why so many slip, trip, and fall cases are not accepted.
In some situations, if you do not act fast enough after you have been involved in a slip, trip, and fall accident, the condition that caused your accident (e.g. lighting or broken handrail or broken sidewalk) may be remediated by the property owner which would make your premises liability case even more difficult to prove. If you are injured while on someone else's property, time may be of the essence.
New York Slip and Fall Lawyers Will Fight To Resolve Your Claim Successfully
Slip and fall cases can become extremely complex very quickly. It is our job at the Law Office of Dimitrios Kourouklis, Ph.D. to make sense of your case and uncover enough supporting evidence to ensure that you walk away with a fair recovery for your damages. Our experienced New York Slip and Fall Attorneys know what evidence is necessary to support your case and, hopefully, show how there was no way that you were distracted or careless or any other excuse the defendant’s lawyer might try to come up with that shows you could have caused the accident on your own.
Slip and fall cases may be difficult to win, but with the right team on your side, you have a fighting chance. If you have been injured in a slip and fall accident, you may be able to seek compensation from the landowner or the party responsible for the maintenance of the property. To schedule a free case evaluation with a New York Slip and Fall Attorney, contact the Law Office of Dimitrios Kourouklis, Ph.D. today at 929-400-7608 or via email.