If I Fall On Someone’s Property What Do I Have To Prove To Win My Injury Case?

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March 18  

Proof That You're Hurt On Somebody Else's Property 

If I get hurt on somebody else's property, what do I have to prove in order to get a settlement?

I talked to a guy who got hurt on somebody else's property. I was interviewing him. I asked a lot of questions during the interview and really what it came down to is, he fell down but he couldn't identify what caused him to fall. In other words, he didn't know whether the stairs were broken, he didn't know whether the stairs were rickety, he didn't know whether they were slippery, he didn't remember whether it was really dark, none of those facts. 

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What Caused You To Fall

The reason I'm telling you that, is that the first thing we have to know is, we have to find out what it is that made you fall. If you're on somebody else's property and you just get dizzy and fall down, or you fall down and you can't really identify what made you fall, we really have very little or no chance of getting you money in a case like that.

Which is why when I interview somebody, we go into great detail. We slow down time and go step by step about exactly what caused you to fall. Because what caused you to fall will allow me to tell you whether I think you got a strong case or not, whether we'll be able to prove it or not. So that's number one.

Did The Property Owner Create The Problem?

The step two is, like did the owner or manager of the property create the problem that caused you to fall? Like if it's a hole or something like that, or if they're redoing the stairs and they didn't lock the door and you walk out and fall on broken stairs that are being demolished or replaced. That's a very strong case. Or if it's a problem, for example, with stairs or a sidewalk and the problem has been there for a really long time.

Why is that important? Well the law in Illinois says that if you fall or you're injured due to a condition on the property that is created by the defendant or existed for such a long time that they knew or should have known about it and fixed it. Now we're in the running for a case. And those are really the things that I'm looking for in a fall down case.

Visit Back The Scene And Take Photos

So if you fell and you have no idea what caused you to fall, sometimes it's a good idea to go back to the place where you fell. Take some photos, and think about it, and try to remember exactly what you were doing. Photos and a visit back to the scene can help jog your memory before you call a lawyer and consult with an attorney.

This is what I'll say. Even if you are confused about exactly what made you fall with photos, an attorney can review the photos, and help jog your memory, and help like ask you questions to help clarify exactly what happened. Then maybe you'll have a case or claim.

Talk To A Lawyer

Fall down cases are quite complicated. I always tell people it's a really really really good idea to talk to a lawyer about any kind of injury on property. I do a lot of them and I do quite well on them. So if you or a loved one has fallen and you need an injury lawyer who handles fall down cases, I offer a free consultation. 

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About the author - Scott D. DeSalvo

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