Slip and Fall Lawyers Reveal 3 Things You Must Do To Win Your Case! Do them and get a better result in your fall down case. Miss them, and you are at the mercy of the insurance company.
Slip and fall lawyer Scott DeSalvo here. And I am going to tell you the 3 things you must know to protect your rights and increase your chance to win your case.
You can watch the video above, or read here for the basics.
Prove They Did Something Wrong
First, the land owner or property manager must have done something WRONG for us to have a case against them. We have to be clear as a bell about what caused you to fall and why we are blaming the defendant.
That's true in every injury case. Another way to say it is to say that we have to prove they were negligent. That means they did something they shouldn't have done.
We have to show that what made you fall was 'unreasonably dangerous' and that can be difficult, as slip and fall lawyers will tell you. That means there was something on the property that wasn't supposed to be there. The thing that made you fall is called the 'defect'.
We have to show that the defect was there for so long that the landlord or property manager where you fell knew about it, or that they should have known about it. Or, that they created the problem themsevles. An example of this is if a landowner dug a hole in a sidewalk, but didn't put up tape or signs or cover the hole with plywood.
What Did YOU Know and Do?
Second, even if YOU knew about the problem that made you fall, you can still have a case, depending on the other facts.
If the defect that made you fall was 'open and obvious' that may be a basis for a Judge to dismiss your case. 'Open and obvious' just means that there was a problem on the property that anyone who looked would see and avoid.
But here's how we beat that defense.
If you were momentarily distracted in a way that was foreseeable to the landowner or property manager, then we can beat their defense. Or, if the problem on the property was unavoidable because it was placed right where the property owner knows people enter and leave the building, this can be a basis for us to win the case.
As you can see, this can be pretty complicated, and talking to slip and fall lawyers might be a good idea.
Chess, Not Checkers
Third, these cases are too complex. Fall down cases have lots of twists and turns. They are slighly less complicated than medical malpractice and nursing home cases, but FAR more diffcult and complex compared to a car crash case. They are easy to lose if you say or do the wrong thing.
That's why I tell everyone, do not give a recorded statement or sign any documents before talking to a lawyer. They an lay a trap for you. If you fall into it and they are clever, they can destroy your case. It is literally the reason they rush to take a statement from people who fell. But it is a big mistake to di it before talking to slip and fall lawyers.
Make sure you get a free consultation with an experienced lawyer who knows what he or she is doing.
If you have questions or need more help, give me a call, toll-free, at 312-500-4500. Free, no obligation consultation in person or by phone. Operators standing by 24/7.
Or, you aren’t ready to talk to a lawyer, I have created a "Injury Cheat Sheet" which you can get immediately delivered to your email. Same deal. Free, no obligation.
You can fill out the form at the bottom of the page to get your "Injury Cheat Sheet" delivered to your email.
A Free Consultation With An Injury Lawyer is a Very Good Idea.
Why not get a free consultation?
Here how it goes:
- You call for free (or I can call you).
- I listen to your story and how you fell.
- I answer your questions & concerns.
- I tell you my plan.
- You can hire me or not hire me, your choice.
- Either way, we end up as friends.
Sound good?
I hope this info helps you to find the right slip and fall lawyers for your needs.
If you still have questions, I am happy to answer any questions you have so give me a call.
