Are you searching to learn how to receive just compensation in trip and fall or slip and fall injury cases? We often get calls about “Slip and Fall” or “Trip and Fall” accidents. It is important to know that premises liability cases are legally quite complex. Many personal injury attorneys won’t even take a premises liability case.
My name is Rivers Morrell and after more than 40 years of experience in these cases I can tell you it is absolutely possible to hold property owners responsible and accountable for your injuries.
In a premises liability case, we must prove the following.
1) That there was a dangerous condition that caused the fall and resulting injuries. This is generally the easiest part to prove. A foreign substance on the floor is generally a dangerous condition.
2) That the owner of the property knew about the dangerous condition, or should have known about it, or was the one that caused or created the dangerous condition.
This second element is where it gets difficult for many attorneys to seek just compensation in trip and fall or slip and fall injury cases. We get results for our clients when others won’t even consider taking the case.
An example should illustrate the problems. If you are walking in a grocery store, and you slip on some pudding that was left on the floor do you have a valid personal injury claim against the grocery store?
Pudding on the floor is dangerous. The next question is how did the pudding get there. Did a young child spill it 10 seconds before you stepped on it? If so, then the law does not require the grocery store to clean things up that quickly, and therefore you are not likely to win. But if the pudding had been on the floor for an hour, then the store should have known about it, and you are much more likely to win. The store has employees that walk the aisles, and/or sweep the aisles. The employees in this example should have seen the pudding, and cleaned it up.
What if the store employee dropped the pudding just minutes before you stepped in it. In that case, the store (thru it’s employees) caused, or created the dangerous condition, and you are now more likely to win the case.
One asks, how do you prove liability and get just compensation in trip and fall or slip and fall injury cases? Often the store has video cameras that show the aisles, and the fall. Or there may be witnesses who know how long things had been there. Stores are required to maintain records regarding inspection and regular maintenance.
If you get past these hurdles, the next hurdle is the concept of “comparative negligence”. Attorneys for the store in this example would argue that you were not looking where you were going or not paying attention. We strongly advocate for and protect our clients by arguing the layout and purposeful design of the store focuses your attention on the upper shelves, signage and impulse buying opportunities.
At the Law Firm of Rivers Morrell we work aggressively to ensure our clients receive just compensation in trip and fall or slip and fall injury cases. If you have suffered injuries while visiting a store or other commercial property I invite you to review the strong recommendations of our clients and the legal industry and contact us or call 949-305-1400 to speak with me personally for a free consultation. There is no cost to you out of pocket as we work on a contingency fee basis.