Why are Slip, Trip, and Fall Cases Difficult to Win?

by | Jan 25, 2022 | Blog | 0 comments

Slips, trips, and falls occur daily in both the retail and work-related spaces. Injuries sustained are generally secondary to either negligence or carelessness of the property owner or individual in charge and can result in complicated liability lawsuits. There are general industry regulations and standards to guard against hazards, including wet surfaces and cluttered walkways. So, why are slip, trip, and fall cases difficult to win? Let’s look.

OSHA defines Slips, Trips, and Falls, (OSHA.gov):

· Slips: Slips are a loss of balance between your feet and the surface you walk on. Slips can be caused by wet surfaces, spills, or weather hazards like ice or snow.

· Trips: Trips occur when your foot hits an object, and you are moving with enough momentum to be thrown off balance.

· Falls: Falls occur whenever you move too far off your center of balance.

A personal injury that occurs from one of these accidents relies on the victim (plaintiff) to prove the liability or negligence of the property owner (defendant). Negligence claims have multiple elements. Primarily, the plaintiff would need to prove that the property owner/individual in charge was given reasonable notice of a potential hazard i.e., wet floor, cluttered aisle, or snow/icy walkway, and was given reasonable time to amend, clean, or put proper signage out to signify the hazard. Slip, trip, and fall cases are difficult to win because the victim is often the only witness to the hazard that resulted in the accident. Without a third-party testimony, best-case scenario, or video evidence that the owner or person in charge who received notice of the hazard, negligence can be hard to prove.

Unfortunately, slip, trip, and fall accidents can result in serious and life-changing injuries. The Law Offices of Reginald Keith Davis will help you fight to win and receive the compensation you deserve in these difficult cases. Call, (913) 299-8789 to schedule your free consultation today.

The Law Offices of Reginald Keith Davis, Experience You Can Trust.

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