While slip and fall cases are notoriously difficult to win, it is possible to receive full financial compensation for your injuries. Often, you need to fight for every dollar, battling an insurance company dedicated to making your life as difficult as possible. You need an experienced attorney to handle your case and represent your interests. Call the family at Inzina Law Firm Injury Attorneys right after if you have been injured. You will need effective legal representation that could help you maximize the value of your claim.
How To Win a Slip and Fall Accident Case
Like any personal injury case, you must prove that the defendant was negligent to win in a case like this. The standard you must meet depends on who actually created the dangerous condition and what the property owner did or did not do.
There are two possible avenues to proving negligence in your case:
- If the property owner is the one who created the dangerous condition, such as leaving debris in a walking path, they would be automatically liable and considered negligent.
- If someone else created the dangerous condition, the property owner must address it within a reasonable amount of time once they knew or should have known about it. For example, if a customer knocks a jar onto the floor, the property owner would need to clean up the spill within a reasonable amount of time.
One of the difficulties in a slip and fall case is you may need to show what the property owner knew and when they knew it. The property owner may deny they actually knew what happened, and it would be up to you to prove them wrong. Alternatively, you would need to show that a prolonged period of time elapsed without the property owner addressing the situation.
Defendants in a Slip and Fall Lawsuit
You need to determine who was responsible for your fall before you can file a claim or lawsuit.
Most often, you would be taking action against the property owner because they are often the one to blame for what happened. However, there are situations in which someone else has leased the property from the owner, such as store owners, and they are responsible for maintaining it. When that happens, you would most likely sue the store owner. Your lawyer would conduct a complete investigation to determine everyone who can be sued for your injury.
Holding Negligent Property Owners Accountable for Unsafe Conditions
The insurance company will deny your claim until you give them a compelling reason not to do so. As the accident victim, you are the one who possesses the burden of proof to show that someone else has a legal obligation to pay you. Absent that, you will not receive a settlement or award for your injuries.
Needless to say, it can be very difficult for you to prove your case on your own. You may need evidence that can be hard to get. An experienced Lafayette slip and fall lawyer knows exactly how to investigate and obtain the proof you need for your claim.
Evidence that demonstrates the property owner was negligent may include:
- Testimony from witnesses who either saw you fall or the conditions in the area before your fall
- Security camera footage that shows the incident or the conditions
- Pictures of the scene of the accident
- Testimony from an accident reconstruction expert
- Maintenance and inspection logs that show what the property owner did or did not do
Note that some of these forms of evidence are in the hands of the property owner, and they will not willingly give it to you to help you prove your case. Your attorney would have to file a lawsuit and then seek more information as part of the litigation process, as is your legal right.
Defenses to a Slip and Fall Case
Before you can win your slip and fall case, you may need to overcome the defenses that the insurance company or defendant may raise. In many cases, the defendant will try to blame you for the fall, claiming their actions were not the cause of your injuries.
Slip and fall defenses include:
- Assumption of risk: You are aware of the dangerous condition and still proceeded to encounter it.
- Open and obvious danger: The condition was so apparent and obvious that you should have seen and avoided it.
- Lack of notice: The defendant could not have done anything to remedy the dangerous condition because there simply was not enough time.
When you bear some of the blame for the accident, Louisiana uses the law of comparative negligence wherein your recovery would be reduced by the percentage of blame that you bear for the fall. The insurance company has every motivation to point a finger at you because they are looking to save money at your expense. Your attorney will work to deal with wrongful allegations against you.
Time Limits for a Lafayette Slip and Fall Case
Louisiana has perhaps the strictest law that imposes a time limit on when you can file a slip and fall claim. This time limit is only one year in Louisiana. The time clock begins to run from when you were injured or should have known that you were injured. In most cases, this time limit starts on the day of your fall; however, you may not have learned that you were hurt until the days afterward when you began to have symptoms. You must be vigilant about getting the medical care you need as soon as you begin to experience the effects of your injury.
Contact a Lafayette Slip and Fall Accident Lawyer
The family at Inzina Law Firm Injury Attorneys know what the insurance companies can do because we have worked on that side of the equation. We understand that you need a fighter in all phases of your case to give you the best chance of maximizing the dollar value of your claim. To schedule a free initial consultation, call us today at 337-243-1237 or send us a message online.
