Slip and fall cases have several factors that set them apart from other types of personal injury claims. For starters, these types of claims are subject to public opinion. There are plenty of people out there who assume that a person is responsible for their slip and fall accident – not a property owner. Instead of holding a business or homeowner responsible, some feel that the victim should watch where they are going, and they are responsible for their safety.
If a slip and fall injury case does not settle, it goes to trial. That means 12 jurors will decide your fate. While you may get a few who fall under that category of public opinion, there will be others who feel the opposite and do believe that a property owner owes you a duty of care.
All of that being said, it is important to understand the fundamental differences between your slip and call case and other types of personal injury claims. That way, you are better prepared for the road ahead.
When Stores Place Warning Signs, Slip and Fall Cases Are Complicated
If you slipped and fell in a store, but the manager placed warning signs, your case is complicated, but not impossible. Do not assume a warning sign erases all liability for that store.
First, an attorney must assess where the signs were placed, when they were posted, and which staff member posted the signs. Also, the visibility of the signs is a factor. Could they be seen from where you were standing or only the opposite direction? Was there enough time to clean the spill and the store staff decided just to place signs instead?
Also, the color of the signs becomes an issue. When signs blend in with the scenery, it is easier to argue against their placement. Sometimes, the signs are the same color as the slippery substance, making it difficult to see the danger ahead.
Pre-Existing Conditions and Your Case
Insurance companies and defense attorneys may look for pre-existing conditions to lower your settlement or dismiss your case. Your pre-existing conditions are not an issue. If they are disclosed properly, a pre-existing condition may have nothing to do with your claim.
For example, you had a pre-existing shoulder condition. However, in the slip and fall accident, you injured your back, not your shoulder. You are not making claims dealing with the shoulder whatsoever; therefore, there is nothing to argue.
Even if your pre-existing condition or injury is included in the claim, it could be because it was aggravated or worsened by the fall.
Regardless, disclose all pre-existing injuries or conditions to your attorney and he or she can consult with medical experts to sort out what was already there and how it was affected by the injury.
Expert Witnesses Might Be Used
An expert witness is a vital asset in a slip and fall case. For example, an expert might be consulted to determine if the store waxed their floors properly or if conditions at a location violate safety codes. This individual’s testimony may help sway the jury in your favor.
Bottom Line: Consult a Personal Injury Attorney
While slip and fall cases might be complicated, they are not impossible. If you are injured in a slip and fall accident, you have the right to collect compensation from negligent parties. B. Clarke Nash can help you with your injury case.
Request a consultation today by calling his office at 912-200-5292 or contact him online with your legal questions.