The field of civil liability is a large one, with indistinct borders. It is nonetheless broken up into several sub-fields, one of which is inhabited by the slip and fall injury attorney. While few lawyers take only cases that involve a client actually slipping and falling in a place of business, it acts as a catch all for the greater field of premises liability. Premises liability basically states that a homeowner or business owner is responsible for what happens on his property. If it can be proven that an accident occurred due to negligence on his part, he may very well have to pay the victim a settlement. Here's what it takes to put a case together.
Investigation
A slip and fall injury attorney will look first to determine what exactly happened. With their client, they will piece together the events that led to the accident. A lawyer will want to know every detail of the incident, no matter how seemingly insignificant. It is sometimes the most insignificant details that turn out to be the most important. They will also want proof. A client merely saying something happened in a certain way is nothing to run a case on. Photographs, medical records, and other documentation of this type will be enough to establish a claim. But there is also the matter of proving negligence.
Negligence and Responsibility
If you hurt yourself at a restaurant because you tripped over your own feet, you're not likely to find a sympathetic jury. A slip and fall injury attorney would be difficult to find in the first place, as they know it would be a slam dunk case for the defendant. While premises liability states that a business owner is responsible for what happens on his property, the law has limitations. You couldn't afford to run a business if every accident was determined to be your fault. The burden is on the victim to prove negligence. This means not only determining that negligence was in play, but also pinpointing the party most responsible.
Moving Forward
It comes as a surprise to many clients that most cases like this never see the inside of a courtroom. The fact is that bringing a case to trial is arduous, expensive, and it takes a very long time. The average slip and fall injury attorney has no interest in going before a jury and the average defendant would rather avoid it as well. This is why most of these cases are settled out of court. Still, there are times when the two sides simply can't get together on a number and the issue must be pressed. Make sure you find a lawyer willing to go all the way should the case call for it.
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