What do you need to win a slip and fall case?

Whether you are pursuing an insurance settlement or filing a personal injury lawsuit, to win your case you will need to be able to prove that someone else—usually the property owner—is legally responsible for your injuries. Often, the key liability questions in slip and fall cases are: 1) Who are the potentially liable parties?

Who is liable in a slip and fall case?

That’s because, in order to be held “negligent” and therefore liable for damages in a slip and fall case, a property owner (or the owner’s agent or employee) must have failed to act as a reasonably prudent person would have acted under circumstances similar to those leading up to the accident.

Can a defendant file a motion for summary judgment?

However, attorneys may also file motions that are aimed at resolving a case before it goes to trial. For instance, the defendant’s attorney may file a motion to dismiss all or part of a lawsuit based on a lack of evidence or jurisdiction. The plaintiff’s attorney, on the other hand, may file a motion for summary judgment.

How does comparative negligence work in a slip and fall case?

In comparative negligence states, an injured claimant’s damages award will be reduced by a percentage that’s equal to his or her share of liability—so, a claimant who bears 25% of the blame in a slip and fall case would only collect $7,500 of a $10,000 damages award, for example. You can find your state’s rules on the issue in this chart.

When does a slip and fall lawsuit start?

They may occur early on in a lawsuit if there is little dispute over liability, and the parties simply need assistance reaching middle ground as to how much a claim is worth. Trial occurs after discovery is closed. Your case will be set on a “trial docket” with the court. The court will hear the cases in the order set on its docket.

What to do in a slip and fall case?

Slip and fall cases can result you in paying large amounts of monetary damages to the plaintiff. It is best to consult with an experienced personal injury lawyer in your area who can help you respond to a slip and fall lawsuit. Your lawyer will be able to put forth the defenses that have the highest chance of succeeding.

Who is responsible for a slip and fall accident?

If you are a property owner, and someone is injured in a slip and fall accident on your property, you might be held legally responsible for their injuries. However, the plaintiff (the injured party) has to actually prove negligence on your part.

Can a slip and fall cause serious injury?

Slip and fall accidents can be particularly dangerous or harmful if the person’s head, neck, or spine are injured in the process. This can lead to more serious injuries and medical conditions. Find My Lawyer Now!