Slip and Fall Case Difficulties : Not always as clear as they seem
Two of the most popular and common cases of personal injury are cases of slip & fall and cases and car accidents. Although both are considered as personal injuries but they are different from the legal perspective.
Car accident cases involving car mishaps are not as complicated as it involves only the issuance of a ticket to a driver at fault while the other driver is injured because of the impact. The fact of liability is already established and the main job of a lawyer is to ascertain make sure that the client receives a maximum compensation from the concerned insurance company.
When legal issues are proven, the only one element to be focused on; that is payment for damages. But in cases involving liability of premises in a trip & fall and slip case, a lot of things need to be proven with nothing in offering.
For instance, take the case of Mary where she went to buy some food stuff from a store located on 7th Avenue.
- She was at the store only to buy a few items for dinner and walked towards the fruit department to buy some grapes.
- Mary was not aware that some bananas were lying on the floor that fell from the container. She stepped on it, slipped, fell and injured her back.
- When the incident happened, there were no customers around and nobody noticed the fall.
- Mary felt awfully embarrassed and left the store in a hurry. But within a few hours, Mary’s whole body was aching and she felt terrible. Mary returned to the store and filled a report about the incident with manager.
- Mary realized the need of medical treatment in case there were serious injuries an sought the assistance of a personal injury attorney.
It would be difficult to believe that Mary was there in the store as nobody watched her fall. The evidence captured through the surveillance cameras could be erased.
The fact was that Mary was wearing high heels and not giving much of attention to what was lying on the floor could also be used by defense on grounds of comparative negligence.
Aside from these was the fact that Mary did not report the incident immediately to the store.
Many stores schedule a specific time interval between sweeping floors and Mary might have slipped during this interval.
So in case this happens to you, it is extremely important to document everything immediately so that it can be presented as viable case. If you were injured in a car accident, contact experienced injury lawyer who will protect the rights of you and your loved ones. You may be entitled to financial compensation for economic damages as well as pain and suffering.