Slip, Trip and Fall Lawyers
Slip and Fall injury Lawyer Scott DeSalvo here.
Today, I am going to talk to you about three things you must do to win your slip and fall case!
Slip and fall cases can happen anywhere. I’ve represented people who have fallen inside stores or outside businesses or even inside private residences. Slip and fall cases involve falls on sidewalks or down stairs.
No matter where you have fallen or what situation you find yourself, it is important for you to know the basics of these kinds of cases.
Knowing the basics of a slip and fall case helps you know what has to be proven so that you can make sure you get the evidence you need to prove your case. Having the right evidence in a slip and fall case can increase your chance of winning. Not knowing the basics of a slip and fall case can easily lead to you losing your case.
A friend of mine referred me to Mr. DeSalvo, and when I spoke with him over the telephone, he seemed like he was very straight up. He kept me informed and gave me his opinion on the case, but he let me make my own decision. He made me feel very confident about my case. I would refer a friend or family member who needed a lawyer to him.”
1: Proving Negligence In A Slip and Fall Case
So the first thing you need to know about a slip and fall case is that we have to prove that the property owner or manager did something wrong.
If we can’t prove that the owner or manager did something wrong, then we can’t prove they were negligent.
In every injury case we have to prove that the business or person we are suing was negligent. Otherwise we can’t recover.
In slip and fall cases we have to prove exactly what caused you to fall. Then we have to be able to prove that the landlord or manager:
- Created the problem
- Knew about the problem, OR
- That the problem was there for so long that they should have known about it and fixed it.
We have to be able to prove ONE of those three things or it is impossible for us to win the case.
2: Knowing About the Danger About What Caused You To Slip and Fall is Not Necessarily a Problem
The next thing you should know is that it is okay if you were aware of the problem that made you fall before you fell.
It’s very common for people in slip and fall cases to be aware of a problem on a property.
Normally the law requires you to protect yourself against problems or dangers you know about.
But if the danger is hard to see or it is foreseeable to the landlord or owner that you will be distracted when you inquire the danger, then we can still make a claim. And if the landlord or property owner allows a dangerous condition to remain in an area that allows access in and out of the building, then the law definitely allows you to recover.
As you can see, analyzing these cases can get a little complicated. It is important to remember that even if you were aware of the danger, the landlord or property owner still has a legal duty to you and you still have a case.
The last thing I want to talk to you about is related to the first two things. As you can probably tell from the first two things we talked about, slip and fall cases get complicated very quickly.
I hired Mr. DeSalvo instead of another lawyer because of his honesty and willingness to help. I never felt like I was bothering him with my questions and worries. He explained things real good and made sure I understood all the answers to my questions...He was always there for us.”
3: Your Statement is Very Important - And Can Be Tricky In A Slip And Fall Case
So third, make sure that when you give a statement or a deposition, you understand how to explain your fall and are also aware of the traps that an insurance company lawyer lays for you when they take a statement.
I usually tell my clients to NEVER give an insurance company a recorded statement unless they have a lawyer who prepares them for the trick insurance companies use to beat cases. It is a bad idea to go it alone.
This can mean the difference between winning and losing a case. I always tell people to not give a recorded statement to a landlord, an insurance company or a lawyer on their behalf until you have had an opportunity to speak with a lawyer of your own.
Injury lawyers usually offer free consultations and a good lawyer will talk to you for free and give you their opinion on your case.
I offer a free consultation in person or by telephone, your choice.
I can answer your questions with no obligation.
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