Are Slip-and-Fall Cases Hard To Win?

Despite being one of the most common types of unintentional injuries, hundreds of Americans are injured every day because of accidental slips and falls. In some cases, these types of injuries occur because of someone else’s negligence. When this happens, you may be able to take legal action to hold responsible parties accountable for the injuries you’ve sustained.

An elderly man who slipped and fell on the floor

 

How common are slip-and-fall accidents?

Slips and falls are unfortunately the second leading cause of unintentional injury-related deaths in the US. In 2021, 44,686 people died because of slip-and-falls at home and in the workplace. Hundreds of thousands more suffered severe injuries that have kept them from going to work for at least a couple of days.

Slip-and-fall accidents can happen in a variety of settings and to anyone. According to the National Floor Safety Institute, slips and falls account for 5% of job-related fatalities for women and 11% for men. 

Workplaces, including construction sites, gas stations, and even restaurants, are especially hazardous for slip-and-fall accidents as these types of injuries are one of the leading causes of workers’ compensation claims.

Although less likely, slip-and-fall accidents can also occur in public spaces, including restaurants, grocery stores, public spaces, and other establishments. 

Who is to blame for a slip-and-fall accident? 

Slip-and-fall accidents can be caused by someone’s own accidental doing or because of another individual or entity’s negligence. How your slip-and-fall happened is important to bring forward a claim.

For example, an individual could be responsible for their own slip-and-fall accident if they engage in risky actions in places like their home or workplace. Accidentally slipping on a floor that the injured person knows is wet, falling down the steps, or improperly using a ladder in a way that could cause an injury are all ways a person can injure themselves in a slip-and-fall that was their own fault. 

On the other hand, an injury can occur because of the fault of an employer, a property owner, or a business owner. For example, if you get injured because an employer fails to provide you and other employees with proper safety training or a business owner fails to put up a wet floor sign on a slippery surface, you could hold that party responsible for your injuries by filing a slip-and-fall personal injury lawsuit. 

How does a slip-and-fall case work?

Slip-and-fall cases have several elements to them. First, you’ll need to identify the responsible parties that could be held liable for your slip-and-fall. Then, you’ll need to prove their actions caused your injury. 

Depending on the evidence you’ve collected, your case will then go through settlement negotiations with the liable parties and any applicable insurance companies. This is how an overwhelming majority of slip-and-fall cases are resolved. If settlement negotiations prove unfruitful, then your case will go to trial, where a judge or jury will reach a resolution. 

Proving negligence in a slip-and-fall case can be difficult

Many victims will often wonder, “Are slip-and-fall cases hard to win?” The legal concept of negligence is what most slip-and-fall injury cases are built on. Proving negligence is critical in holding a person or entity responsible for their actions that have led to your injury. 

Unfortunately, proving negligence in a slip-and-fall case can be difficult. All slip-and-fall cases are unique, and some may pose challenges that make it difficult to hold defendants accountable for their actions.

Proving negligence requires a plaintiff to prove that the following four elements are present in their lawsuit. If a plaintiff cannot prove these four elements were at play, their claim might not be successful. The four elements include: 

  • Duty of care: As a victim, you’ll need to be able to show that a defendant owed you a duty of care. This is a standard of reasonable care an individual is required to show to another individual. This standard of duty of care can also change depending on the relationship between a victim and a defendant. For example, your employer will owe you a greater duty of care than a co-worker would. 
  • Breach of duty:  Next, you’ll need to show that the defendant violated their duty of care. This is known as a breach of duty and can occur in a variety of ways. For example, if your employer does not keep up with required safety training, they could be violating their duty to create a safe work environment.
  • Causation: This is the legal concept that a defendant’s actions in breaching their duty caused your injury. Causation can be one of the most difficult aspects to prove because you’ll need to show a link between a defendant’s actions, the circumstances those actions created, and how they have caused your injury. 
  • Damages: Finally, a plaintiff must show that they have suffered losses because of their injury. This is what is known as damages. Damages can include financial losses, pain and suffering, property loss, and other losses a victim sustains because of their injury.

How can a slip-and-fall lawyer help me with my case?

A slip-and-fall lawyer can help defend your rights, argue for the compensation you deserve, and help guide you through what is often a complicated legal process. You can expect the following when you work with an experienced slip-and-fall lawyer:

Defend your rights 

Slip-and-fall cases can be complex, especially when they involve an employer, happen on someone else’s property, or happen in a public space. These types of defendants are usually well supported by robust legal teams who will push back against any claims a victim makes against them.

This is especially the case when the insurance companies of a defendant are involved. When you work with a slip-and-fall lawyer, you’ll have a legal representative on your side who is well-versed in slip-and-fall cases that happen in Florida and will defend your rights to the fullest extent of the law. 

Negotiate on your behalf

An experienced lawyer will have a thorough understanding of local and state law and will have detailed knowledge of how to handle communication with involved parties, ensuring your rights are protected and represented. When the defendants in your case push for a settlement, an experienced attorney will know how to push back to avoid lowball restitution. Attorneys are expert negotiators and will strive to obtain the compensation you deserve. 

Identify all liable parties

At Jack Bernstein, Injury Attorneys, our attorneys understand the complexities of slip-and-fall accidents, especially those involving multiple liable parties. Our team of paralegals and investigators will take the time to understand your case so we can narrow down all involved parties that played a part in your injury.

Collect evidence to prove your case

In addition to helping you build your case, our team of investigators will work diligently to collect critical evidence to prove your negligence claims. Whether it be witness statements, surveillance footage, or safety and workplace practice records, our attorneys are committed to building the strongest case possible. 

Recovering damages

Finally, when you work with a slip-and-fall attorney, you’ll be able to seek tangible and intangible damages that resulted from your injury. Common damages associated with a slip-and-fall injury include:

  • Loss of income or lost wages
  • Inability to work
  • Property damage
  • Cost of medical care
  • Cost of prescriptions and other medical equipment and devices required for your injury
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Other calculable and incalculable damages 

If you have been injured in a slip-and-fall, call Jack Bernstein

A personal injury lawyer working on paperwork at their desk. In front of them is an open laptop, a calculator, and a pair of glasses.

You don’t have to suffer in silence if you’ve sustained injuries because of a slip-and-fall. Whether you’ve been injured at work, in a public space, or at a business establishment, our team is here to help you recover the compensation you may be entitled to. 

Not sure if you have a case to begin with? Our team can help you understand your claims when you schedule a free case consultation. We’ll take the time to learn about your injury and how it happened and determine who may be held accountable for the damages you’re seeking. 

Sources:

A Look at Falls, Slips, and Trips in the Construction Industry. (2022). 

Slip & Fall Quick Facts. (2022). 

Slip-and-falls at Home and in the Workplace. (2021).

The information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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