Proving your case
So, you’ve slipped in a store on a wet patch in the vegetable aisle. You hurt your back. You think you might have a case against the store.
Slip and falls are tricky to prove. Your personal injury lawyer would need to prove that:
- the accident was the result of gross negligence.
- your injuries actually came from that accident and
- the damages you are seeking is reasonable
A good personal injury lawyer will also have to think about what the other party is going to argue. The other party will definitely try to minimize your claim.
Common defenses against your claim
What would the other party most probably say? They can use one of four common defenses:
- The “Assumption of the Risk”-defense
You saw other people slipping, but you choose to walk over the wet patch voluntarily. The other party can argue that the risk of walking in the vegetable aisle was clear and obvious, but the slip and fall victim choose to ignore it.
- The “Comparative Negligence” –defense
You are wholly or at least partially responsible for what happened to you. If this defense is used against you, the defense is saying that blame for the accident should be shared.
The store owner should have cleaned up the wet spot, but it was visible to all and you also should have avoided it. A percentage of the blame will be allocated to you and your damage award will be smaller.
- You are are not credible and are only out to get money
A defense lawyer may tell the judge or jury that your slip and fall accident did not cause any of your injuries. This defense is mostly used in cases where lawyers unearth facts about previous accidents and injuries you may have suffered.
- “I am not responsible”
This argument says that the property owner knew nothing about a possible hazardous situation and there is no way that he could have known. It is unreasonable to expect him to pay if he wasn’t even aware of the situation.
You will definitely need an experienced slip and fall lawyer to argue your case in response to the defense that the opposite party is going to use. We offer a free consultation to assess your case.