Win Your Case With the Slip and Fall Lawyers
Slip and fall lawyer Scott DeSalvo tells the 3 things you must know to protect your rights and increase your chance to win your case.
You know, 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 downstairs.
No matter where you fall, or whatever situation you find yourself in, it’s important for you to know the basics of these kinds of cases. Knowing the basics of a slip and fall case can help you know what has to be proven so that you can make sure to 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 slip and fall cases could easily lead to you losing your case.
So the first thing I wanna talk to you about in slip and fall cases 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 that they were negligent. In every injury case, we have to prove that the business or person we are using 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, or 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’s impossible for us to win the case.
The next thing you should know, is that it’s okay if we’re 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 that you know about, but if the danger is hard to see, or it’s foreseeable to the landlord or owner that you will be distracted when you encounter the danger that we can still make a claim. And if a landlord or property owner allows a dangerous condition to remain in an area that allows access in and out of a building, then the law definitely allows you to recover. As you can see, analyzing these cases gets a little complicated, but the important thing to remember is 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 wanna talk to you about is related to the first two things, and that is: being certain of how you fell and what caused you to fall.
As you can probably tell from the first couple of things we talked about, slip and fall cases get really complicated very quickly.
Making 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, can mean the difference between winning and losing your case.
I always tell people, do not give a recorded statement to the landlord, their insurance company, or a lawyer on their behalf, until you’ve 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.
Handling a fall down case without a lawyer to help you is a mistake, because the cases are filled with landmines that can blow your case up. Talk to a lawyer. That’s my best advice if you were injured in a fall.
If you have been hurt or have questions about an injury case, I offer injured people a copy of my FREE Injury DVD and Book. Just call me at my 24/7/365 toll free number 888-HURT-318 (888-487-8318) and ask for the free injury book, and give us you name and mailing address and I will mail it to you free of charge and no obligtion. Or if you are ready to talk, call that same number and ask to speak with me!
If you have been hurt and have questions, call me for a free consultation.