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How a Slip and Fall Lawsuit Works

Slip and fall law suits are tough to prove. This article by Aaron Crane, an experienced Phoenix accident lawyer at Cantor Crane discusses what you must prove to win your slip and fall lawsuit. You’ve slipped and fallen, perhaps at work, at a business, or some other public place. Even a seemingly minor injury can result in thousands of dollars in medical expenses. How can you know if you are eligible for compensation through a lawsuit? Certainly, you will want to consult a slip and fall attorney for a personalized and informed answers to that question, but below are a few key points to keep in mind.

Slip and fall suits can only stand in court if negligence is involved. If you have been injured as a result of a property owner’s negligence, then it is very likely that you are entitled to compensatory damages. But how do you know if negligence was truly involved? What will a slip and fall attorney be looking for when assessing your case? And what can you do to improve your case in the minutes and hours after an accident? To answer those questions, we have to start with a banana peel.

The Banana Peel Scenario

As the name suggests, a slip and fall tort is a claim or case dealing with a person slipping, tripping, or falling. But, as we said above, in order to successfully prosecute a slip and fall suit, you have to be able to prove the fall was the result of the property owner being negligent in some way. This is where a qualified attorney can help. But what exactly does an attorney look for in a flip and fall accident?

In Law School, students learning personal injury law talk about the banana peel scenario. This scenario acts as a kind of test, a standard you can compare your situation to, helping you identify a property owner’s negligence. Let’s say a customer is walking in a store and slips and falls on a banana peel carelessly left on the ground, the accident costing the customer hundreds of dollars in hospital bills. How can you measure the store owner’s negligence and an injury on private property also known as premises liability?

Negligence is actually proven by the color of the banana peel. Was it bright yellow? If so, it might be hard to prove the store owner had any guilt in the matter, since he/she would not reasonably have enough time to remove the peel from the floor, preventing the accident. However, if the peel was brown when the customer slipped on it, that would mean it had been there long enough for the store owner to notice and clean up the hazardous situation. Now you can clearly say the owner was careless, negligent, and the customer would have a case against the owner.

In other words, a yellow banana peel would make a slip and fall case hard to prove in court. A brown peel would prove negligence and make the suit viable and winnable, awarding the customer much-needed compensation.

Of course, if you are involved in a fall, you are not expected to apply the banana peel rule to your own situation. A trained accident lawyer can help you decide, however, if your situation can lead to a viable suit. You may be wondering, then: What can you do immediately after a fall to help your situation?

What to do If You are a Victim

Let’s return to the scenario at the start of this article. You’ve slipped and fallen. What can you do in the minutes and hours after your accident to help your case? There are three simple steps you should take.

First, always call for medical assistance after a fall, or any other kind of accident. Not only is this an important step for any possible future suit, but it is also absolutely in your best interest health wise. You need to have any injuries inspected by a doctor, who will also be able to spot unseen injuries that could lead to serious complications later.

Second, consult an accident attorney for legal protection. Your lawyer will be able to help you decide what next steps you need to take.

Third, take and keep good records. If you can snap a few pictures immediately after the accident, both of yourself and your surroundings. You might also be able to ask for the store’s maintenance records and get contact information of eye witnesses. Also, keep track of all paperwork related to your medical needs after the accident, such as x-rays, prescriptions, bills, and medical reports.

In the end, if you follow those steps, your slip and fall attorney will be completely equipped to help you build a strong case, if it is decided there is a viable case to be had. After that, your lawyer will do everything they can to make sure you get the compensation you deserve for the sake of justice. Contact Cantor Crane at (602) 254-2701 today.

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About the Author

The Law Offices of Ira M. Perlman and Robert D. Rosen have over 30 years of New York personal injury lawyer experience. We are here to help.