A lot of people think that if they fall at a business, the business is instantly legally responsible for any and all damages and suffering related to the fall. The truth is, it is very hard to win a slip and fall case. The burden of proof is entirely on you to show that the business was entirely at fault for the hazard that caused the accident.
The property owner or their employee has to knowingly be aware of the dangerous conditions that led to the slip and fall. If this is not clear, do not count on winning your case in court. But there are also other factors that determine the outcome of your case.
Were you at ANY fault for the accident? For example, were you looking at your phone when the incident happened, or did you see caution or warning signs, but proceed anyway, or were you even lawfully supposed to be on the premise? Because there are many circumstances involved in a slip and fall case, all factors will be analyzed, making it very challenging.
There are two circumstances in which your odds of winning your personal injury case look better:
- The property owner or their employee knew of the dangerous condition or uneven walking surface, but this has to be a reasonable and easily identifiable hazard. There is also the matter of whether the defendant could have fixed the hazard beforehand.
- The property owner or their employee actually caused the hazardous condition and it could have reasonably been seen as a dangerous condition where someone might slip and fall.
It all comes down to liability. If you can prove the owner or their employees should have recognized the hazard, and you were completely at no fault for the accident, you may have a fighting chance. Because most businesses take great care to avoid these types of claims and lawsuits, though, it is unlikely you’ll win a slip and fall case.
Contact a Chattanooga Personal Injury Lawyer
If you have questions about a slip and fall injury or another personal injury, please contact us online or call us at 423-531-2800.