The Basics of a Slip-and-Fall Case
Posted on June 29, 2015 by Matthew Paré
There is a common misconception that just because you fell and were hurt at a store, for example, the business where you fell will be liable. The truth is that in order to establish liability (or legal responsibility) for an injury, in the context of a premises liability case, the plaintiff must establish negligence on the part of the owner of the premises (or its tenant). There are two basic ways of doing that in a slip-and-fall case.
The first way in which the defendant premises can be liable is if they created the dangerous condition that caused the person to fall. For example, if there was something that was hazardous in a place where the public was expected to be walking and the defendant put it there or made it like that they can be liable.
The second way in which the defendant premises can be liable is if they knew about the dangerous condition and did not correct it. The knowledge can be either actual where they literally were informed of the possible danger, or constructive knowledge in which the dangerous condition was there for a long enough period of time so that they should have known about it.
Often in premises liability cases where someone falls and is injured expert opinion testimony will be required. For example, if someone fell on stairs that were in some way hazardous and in violation of the building code there should be an expert witness to discuss the precise building code requirements and the defects in the stairs. The possible expert witnesses in a premises liability case are numerous, including the safety professionals, premises liability experts, human factors experts, biomechanical engineers, and accident reconstructionists. In litigating a slip-and-fall case it is important to know what type of experts you will need and to make wise choices about incurring appropriate costs so that it is a valuable investment in the case.
Overall, there are a lot more intricacies that go into a slip-and-fall case than most people realize. It requires the experienced counsel of a personal injury attorney to effectively determine whether liability can be established and if you have a good case. Then, even if there is a possibility of establishing liability theoretically, as a practical matter that will likely require expert witnesses. Attorney Matthew Pare has developed a team of necessary expert witnesses who can assist with a premises liability case if necessary, and he will pay for all such litigation costs on behalf of the injured party.
Contact Chula Vista personal injury attorney Matthew Pare today for a free evaluation of your potential slip-and-fall or trip-and-fall case. He will provide an expert assessment of the possible claim and will ensure you obtain the most financial compensation possible. He can be reached at 619-869-4999.