Proving Liability in Slip and Fall Cases: Strategies and Challenges

No one begins the day expecting to suffer a slip-and-fall accident. An especially bad fall can result in devastating injuries that may negatively impact your quality of life. If your fall injuries were the result of another person or entity’s negligent or wrongful act, you may be able to pursue compensation for your losses.

Slip-and-fall accidents are all too common. They account for over 1 million emergency room visits annually in the United States. Yet, fall injury claims can be difficult to win. To successfully resolve a slip and fall case in your favor, you must prove the other party’s negligence and liability.

Proving liability in slip and fall cases is rarely a simple feat. The experienced slip and fall attorneys at Hoffspiegel Law can help. We can assist you in gathering sufficient evidence to establish fault in your accident case and guide you through the claims process. We can handle the legal proceedings so that you can focus on your recovery.

Have you or a loved one been hurt in a slip-and-fall accident due to someone else’s negligence? Contact Hoffspiegel Law today at (404) 760-8600 or click the Contact Us button to speak with a member of our legal team.

The Challenge of Determining Negligence and Liability in a Slip and Fall Case

The fact that you fell and hurt yourself on someone else’s property is not reason enough to pursue a claim. That may merely have been an accident. For there to be grounds for a fall lawsuit or insurance claim, you must prove negligence on the part of the property owner or his or her representative.

Slip and fall claims usually fall under premises liability laws. In the State of Georgia, both public and private property owners have the legal obligation to ensure that their properties are reasonably maintained and safe for visitors.

When a dangerous situation arises, it is the property owner or manager’s responsibility to remedy the problem promptly. Until the issue is resolved, visitors must be warned of the potentially hazardous situation.

Multiple factors are involved in proving negligence and liability after a fall injury. Suppose you fell and injured yourself on another person’s property and wish to pursue compensation against that party. In that case, you will first need to show that you were on the premises legally, with a valid reason for being there. 

Then, to successfully prove negligence against the property owner or representative, you will need to prove:

• That there was a dangerous condition that existed on the premises
• That the property owner or management knew – or should have known – that the dangerous condition existed
• That the property owner or management failed to remedy – or give appropriate warning of – the dangerous condition in a timely manner
• That you fell and were injured as a result of the property owner or management failing to act to correct the dangerous condition

Although the property owner owed you a duty of care, it can be challenging to prove the property owner’s fault after a slip-and-fall accident. 

When facing complications in seeking compensation after falling, your personal injury lawyer can help you establish the circumstances surrounding your fall. This will enable you to file a legitimate injury claim against all negligent parties.

The Value of Convincing Evidence in Slip and Fall Cases

Proving fault in slip and fall claims is challenging. The best strategy in such cases is to gather as much compelling evidence against the negligent property owner as you possibly can.

Document the incident thoroughly. No piece of evidence is too small – and the more evidence you have, the stronger your case will be.

Carefully document and retain the following:

• The location where the fall injury occurred
• The time and date of the accident
• Accident or incident reports
• Cause of the accident, such as a wet floor, icy sidewalk, or debris in the aisle 
• Witness statements and contact information
• Surveillance footage revealing how the accident happened
• Photos or videos at the scene of the fall that document the unsafe condition 
• Photos of your fall injuries
• Medical records related to any treatment for your injuries
• Medical bills for treatment of injuries caused by the slip and fall
• Proof of lost wages as a result of having to miss work after the accident
• Any applicable workers’ compensation insurance or disability forms
• The shoes and clothing you wore, in the condition they were in after the fall
• Receipts of any out-of-pocket expenses connected with the fall injury claim

It is wise to save any evidence you have collected for the full length of your slip and fall case. Presenting evidence of the property owner’s negligence, as well as proof of your injuries and damages, will help the success of your claim.

The Challenge of Proving Liability When Dealing With the Insurance Company

Even after gathering evidence and carefully documenting the exact circumstances of your slip-and-fall accident, the insurance companies involved may refute your claim.

The insurance industry is big business, and insurance adjusters do not have your best interests in mind. In most cases, the adjuster’s main goal is to diminish your claim in order to save his or her company money. Insurance companies use extensive resources and tactics to deny or delay even valid claims.

As an injury victim, it can be incredibly frustrating and disheartening to have your slip and fall claim denied, especially when you have all your compelling evidence in order. At times, you may receive repeated lowball settlement offers that do not fairly compensate you for your losses. Or the adjuster may claim that you contributed to or even caused the accident yourself.

When facing difficult settlement negotiations, it is advantageous to have knowledgeable legal representation on your side. An experienced fall lawyer understands the relevant laws and will not be intimidated by the insurance company. He or she can anticipate the tactics the insurer may use in advance and can strategize a legal plan to maximize your settlement.

The Challenge of Proving Liability for Your Fall Accident Within the Allowed Time Limit

If you have been injured in a slip-and-fall incident, you have limited time during which to gather evidence and seek compensation from the responsible party by means of a legal claim.

In most instances, someone who has been injured due to another person’s negligence in the State of Georgia has 2 years to file a personal injury lawsuit. This may seem like plenty of time, but you should not delay filing your injury claim in anticipation of the common challenges in resolving slip and fall claims.

The statute of limitations may vary depending on where your fall occurred, among other factors. However, there is always a strict deadline that must be met if you wish to prove liability and bring legal action against the at-fault party.

The best strategy to ensure that the statute of limitations does not expire before you can file your slip and fall lawsuit is to retain legal counsel knowledgeable in such claims.

An experienced attorney at Hoffspiegel Law, familiar with slip and fall cases, can advise you on the best course of action to take. The Hoffspiegels and their legal team can help you prove fault in your fall injury case while seeing that no important deadlines to recover compensation are missed. 

How a Lawyer Will Help You Prove Negligence in a Slip and Fall Lawsuit

Personal injury lawyers are adept at handling fall lawsuits when they have the experience. An attorney who has successfully handled slip-and-falls before can assist you in gathering undeniable evidence that the other party was at fault for your fall injuries. 

Your attorney will also examine your case, collect information, and use his or her legal knowledge to develop a compelling argument in your favor. The goal? To prove negligence and establish the legitimacy of your slip and fall case.

Conducting an investigation into the slip and fall case

A personal injury attorney will review all of the evidence you have collected. Additionally, he or she will likely use their legal resources to access further evidence in determining fault for your injuries.

Attorneys will carefully analyze eyewitness statements, security camera footage, and incident reports. In this way, he or she can get a clear picture of what happened when the accident occurred.

Consulting with professional experts

In order to prove liability in your slip and fall case, your lawyer may consult various professionals.

An accident reconstruction specialist can be a valuable ally in determining the circumstances that led to a serious slip-and-fall accident. Further, your attorney may consult with vocational experts or medical professionals to understand how your accident will impact you both physically and financially in the long run.

Gathering medical records

Medical records are important pieces of evidence when fall victims are seeking a fair settlement agreement. Your attorney will be sure to collect all your medical records pertaining to your accident. These may include reports from emergency responders and any ongoing treatment or therapy you received after the fall injury.

Subpoenaing evidence

Slip and fall cases typically require a lot of evidence to prove. Acquiring the available records and documentation can prove challenging. 

Such things as routine maintenance logs, surveillance camera footage, and accident reports can be subpoenaed if necessary. Such records can be invaluable in establishing liability in a slip and fall lawsuit.

Contact a Personal Injury Lawyer When Facing a Challenging Slip and Fall Injury Claim

Slip-and-fall accidents can result in acute injury, emotional trauma, and financial instability – among other things. If you or a family member has been hurt in a slip-and-fall incident on someone else’s property, you may have legal recourse against the property or business owner. 

In view of the many complexities in slip and fall litigation, you may be feeling overwhelmed by the idea of taking legal action. You do not have to go it alone. A well-practiced personal injury lawyer can advocate for you throughout the claims process and assist you in proving negligence and liability against the at-fault party.

The attorneys of Hoffspiegel Law are dedicated to helping accident and injury victims get the restitution they deserve. When we take on your case, we will serve as your legal warriors, fully invested in your future. Our goal is to help all those who have been hurt by someone else’s negligence reclaim their quality of life. 

Our lawyers have purposely chosen to have a narrow practice focus. This has allowed us to develop significant insight into and familiarity with the intricacies and challenges of the cases we take on. 

When we accept your case, every member of our legal team is here to support you. The Hoffspiegels work with only a small number of injured clients at a time. In this way, no one client takes precedence over another.

We believe that every accident victim deserves to tell his or her story. At Hoffspiegel Law, we work on a contingency fee basis. You can rest assured that you won’t owe us anything until you get money for your claim. Call us today at (404) 760-8600 or click the Contact Us button to schedule a free case evaluation.