
What substance, object or construction defect caused you to fall?
How long has it been there?
How plainly visible was it, and most importantly, how much notice did the owner have of the danger prior to the accident?
How was the liability evidence preserved?
Is there premises liability insurance which will apply?
Many people don't realize that if you can't answer most of these questions in a slip and fall case, you may be precluded from recovery. Some of them may be proven "by inference" or indirect evidence.
There is a perception that slip and fall cases involve minor injuries. While this is sometimes true, we have handled many slip and fall cases where injuries are both severe and permanent. People can suffer spinal cord injury and brain damage from a fall. Broken wrists, arms hips and other serious injuries often result. Where serious injuries are involved, it is especially important to identify all potential parties. Multiple Defendants may be required in such a case, as the obvious Defendants may not have enough insurance or assets to provide adequate compensation.
Take for example, a situation in which an individual falls down a flight of stairs leading from a restaurant to a public street. The restaurant may be responsible for an alleged defect. The owner of the property, who may not have anything to do with the restaurant business, may be responsible as well. Even the city could bear responsibility, depending on the circumstances. To maximize your recovery your lawyer must be capable of identifying all potential Defendants and evaluating each claim separately.
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