What Are Your Chances Of Winning A Slip-And-Fall Case?
It is always worth pursuing a slip and fall case if there has been an injury, harm or loss due to someone else’s fault which substantially affects your ability to engage in the normal activities and functions of daily living. Does it also affect your loved ones or other family members? You need to ask yourself these questions.
Only by talking to an experienced lawyer can it be determined whether you have a meritorious case or whether you have a good chance of winning your case.
If somebody has failed to use reasonable care to properly maintain a certain location and has created dangerous conditions placing you in peril causing an accident and injury, then the proper party should own up to the responsibility.
Is the case more difficult if a store had placed warning signs?
The signs could make the case more difficult. However, something like a warning sign or a cone gets us into the issue of comparative negligence and whether or not, because of a warning sign or a cone, the injured party bears any fault for causing the accident.
The mere placement of the sign or cone does not negate the possibility that a jury will still find the defendant wholly or substantially responsible for the accident; it just means that the responsibility may be diminished because of a sign or a cone. You need to find out where specifically a sign or cone was placed and whether a person walking from a particular direction would have or should have taken notice of it.
Remember, when people go into stores the object is to get them to buy merchandise or product and it is natural for any reasonable person to be looking at merchandise and product. Perhaps a sign and cone were placed improperly in an area whereby the individual who slipped could not see the sign or cone prior to falling. Anybody turning into an aisle inside a supermarket could fall due to a known floor hazard even if there is a cone or sign in an aisle because if you are turning into the aisle and the slip hazard is located just after your turn, a sign on the other end of the hazardous condition in the aisle will do you no good because you may already be on the floor by the time you had an opportunity to see it. Note that there are so many variables involved, it is impossible to judge the difficulty of a case without knowing all the particular and unique facts involved.
What kind of witnesses may be utilized?
If somebody saw the accident happening, it’s essential to write the person’s name down and further get a statement. As time goes by, people have a way of forgetting or losing their once-perfect memory. It is always important to get witness information as soon as possible.
Many times, a person could slip and fall due to conditions where there are no witnesses and nobody claims they know anything. Upon further investigating the location and sending someone to ask questions, however, you may find a witness who has potential information and knowledge helpful to proving your case.
The plaintiff in a slip and fall case needs to prove that the defendant had notice of a dangerous condition, should have known of it or caused the danger. A witness may provide you with this very important proof needed to prove your case.
If something happens one minute before an accident, like a soda spill, for example, then you cannot expect a store owner to be responsible for not reacting or cleaning it up within such a short period of time if unaware of the hazard. Conversely, if that condition has been on the floor for a half-hour or longer and the responsible people knew about this condition or should have been aware of it but instead do nothing, then they should bear responsibility. There may be people who are aware of the store employees’ knowledge of these conditions and these potential witnesses are important.
For more information, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by contacting us online or calling 212-668-0100 today.