When it comes to slip and fall situations, serious injuries can result. However, it's a bit hazy as to determining who is truly at fault in the situation. After all, the person who slipped and fell more than likely wasn't pushed by another person, but slipped and fell on their own. This doesn't always mean that they are at complete fault, though. Here are some specific reasons as to why it's difficult to prove who actually is:
Evidence Can be Difficult to Come By:
Probably the biggest reason why it's so difficult to prove slip and fall cases is because it's so challenging to gather the right evidence. Once you are injured, it's practically essential that you take tons of pictures of the scene and ensure that witnesses provide statements or at least give you their number for you to call and reference to them later. You need pictures of the floor, i.e., the reason why you slipped and fell and your injury. If the reason was because of water, you need to show proof that there were no signs posted anywhere to give warning. If you were working, you also need to provide proof that you were wearing the correct footwear for your position. There is a whole lot of evidence to collect, and if it's not all there, it can really hinder the case.
It's Difficult to Prove Property Owner Negligence:
In order to win your case, you basically need to provide full evidence that the property owner was at fault. If it cannot be proved that they were at fault, then there is essentially no one to sue. It's difficult to prove because it's easy for the property owner to claim that they were aware of the danger on the property and did post warning signs. It becomes even more challenging if this was a personal property you were on rather than a business property because it can also be said that you were trespassing.
In general, the evidence is hard to come by because of an improper gathering of evidence, and he said/she said situations. To make it easier, hiring a lawyer who specifically deals with slip and fall cases is best. They will have the proper knowledge on how to gather all of the right evidence. Just be sure that you do your part right on the scene by taking pictures and talking to anyone who might have seen what had occurred.
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