Slip and fall accidents can frequently occur in stores, businesses, streets, and specific industries where the risks of danger are higher than in others. Such accidents can lead to minor and significant injuries, but when the elderly experience a slip and fall incident, this situation might become deadly.
According to a Bronx slip and fall attorney, if you have been injured due to a slip and fall accident, it is vital knowing that various issues can occur when pursuing a case. Not being aware of the many nuances of your slip-and-fall case might result in making mistakes that could considerably reduce the value of your settlement. Your slip and fall claim might be denied outright in the worst-case scenario. Here are some of the potential issues that you may run into when filing and navigating your slip-and-fall case:
Proving Liability Is Not Easy
All landowners have a duty of care to those invited onto their property. Proving that they violated their duty of care is not easy and might need knowledge of how long the problem existed, whether the landlord was notified and if the actions they took to solve it were sufficient. The most challenging part of your slip and fall case is showing that a landlord fully understood the danger, knew it existed and did nothing to prevent the accident.
That is not something straightforward to do without legal representation. In addition to providing valuable resources, a personal injury attorney will help you prove your slip and fall accident.
Facing the Insurance Company
Most slip and fall cases are taken against the landowner’s insurance company. So, whether homeowner’s insurance covers the landlord, renter’s insurance, or other property insurance, premises liability claims against the negligent party will seek compensation from the insurance company.
It is vital to understand that insurance companies are backed by legal teams looking to protect their profit and bottom line. They have the manpower to ensure they will pay out as little as possible, so without a skilled injury attorney on your side, you might face serious issues. Insurance carriers will want to pay you as little as possible, so they will try to limit their legal liability, blaming you.
With a knowledgeable slip-and-fall accident on your side, the insurance adjuster will know that they cannot use the usual tricks on you.
Notice and Witnesses May Be Vital in Some Situations
Another important issue of slip and fall cases is noticed. Suppose someone slipped on a liquid spill at a grocery store or a bar, and there is a video recording showing that a person spilled it before you fell, then it will be a tough case. That would be a challenging case without notice of the unsafe condition, and unfortunately, there is nothing you could have done to control the incident.
Nonetheless, that is not to say that you can never recover unless the landlord has actual notice of a dangerous condition. Notice and witnesses are essential things in a slip-and-fall case. However, always checking all the facts and circumstances and the area where your slip and fall occurred is vital.
Other issues include that the landowner or their insurance company may hold you responsible for the slip and fall accident. They might say that you were engaging in an activity that prevented you from noticing the hazard, such as checking your phone while walking.
There are many important issues when it comes to slip and fall cases. That is why consulting with a slip-and-fall attorney to help you with your case is crucial.