When asking “Are slip and fall cases hard to win?” it is important to note that every slip or trip and fall case is different. There is no denying that slip or trip and fall cases can be difficult, as there are several factors involved and you must be able to provide sufficient proof of negligence.
These cases are not impossible to win, but this largely depends on the nature of each claim. A successful outcome hinges on your ability to provide irrefutable proof that the defendant’s negligent actions led to your injuries.
The Challenges That Arise with Slip and Fall Cases
In most personal injury cases, such as motor vehicle accidents, you can prove liability with the assistance of footage from traffic or car cameras, police reports, mileage reports, trucking logs, and eyewitness reports. With slip and fall claims, there may be no such evidence.
This means that this type of case must rely on the victim’s first-hand account and testimony from witnesses, if any were present. As a result, you may experience a few challenges when attempting to recover damages for your injuries. Additionally, you must ensure that the case fulfills all the elements of a personal injury claim. This means you have proof of the following:
- The defendant owed you a duty of care while you were on their property
- You suffered injuries and damages that resulted in financial losses
- The defendant’s negligence directly caused your injuries and losses
Liability for Slip and Fall Accidents
Once you prove the validity of your case, the next step is to determine liability and hold the responsible parties accountable for their actions. Depending on the particulars of your case, this may prove to be a challenge. If you cannot prove one of the following statements to be true, it can be difficult to win your slip and fall case:
- The owner of the premises or their employee knew about the dangerous condition but did nothing to remove or repair it
- The owner of the premises or their employee caused the dangerous condition which led to your injuries
- The owner of the premises or their employee should have known about the dangerous condition. A reasonable person in their position would have discovered the problem and removed or fixed it to ensure that it posed no threat to guests.
How to Overcome the Challenges in Slip and Fall Cases
Based on data from the National Floor Safety Institute (NFSI), slip or trip and fall accidents account for over 1 million emergency room visits. While this proves that these incidents are far too common, it still does not make it any easier to receive monetary compensation for related injuries.
If you are still wondering, “Are slip and fall cases can be hard to win?” know that a personal injury lawyer can help you fight for a successful outcome. They can determine what evidence is necessary to support your case and help you navigate any attempt made by the defendant’s lawyer to blame you for your injuries.
Personal injury lawyers can also:
- Interview you to document your account of how the incident occurred, and present your claims in a favorable light that may help you receive fair compensation.
- Interview eyewitnesses and document their accounts to use in settlement negotiations or a trial. Where present, they may also review video footage.
- Protect your rights by ensuring your case is timely started pursuant to New York’s statutes of limitations under Civil Practice Law & Rules (CVP) §214. This statute states that you generally have three years to take action following a personal injury, such as a slip or trip and fall accident, though there may be exceptions that significantly shorten this time period.
- Speak to your healthcare provider about your injuries, review your medical and financial losses since the accident, and determine how they translate into damages.
- Shoulder the legal responsibilities that come with filing a lawsuit, including knowing which documents to submit, and when to do so.
- Protect your interest and rights in a settlement and pursue compensation on your behalf.
Hire Rosenberg & Gluck, L.L.P. Today
The team at Rosenberg & Gluck, L.L.P. may be able to provide valuable insight into your case and fight for compensation on your behalf. As a personal injury law firm, we understand the devastating effects of slip or trip and fall accidents, and how they can impact your life. Take advantage of our free legal consultation—call us at (631) 451-7900 to discuss your case with a member of our team.