Factors That Influence The Viability Of A Slip And Fall Injury Case

11 March 2015
 Categories: , Blog


If you're evaluating a chance for a slip and fall accident injury claim, or wanting to learn more about this legal practice area, take a look at this set of questions that helps personal injury lawyers understand the context of these types of injury scenarios.

Too many of those who don't work in the legal industry have a simplistic view of what constitutes a slip and fall injury case. They may feel that any injury is good grounds for a case, or that lawyers "just know" the magic criteria for when injury victims can get third-party compensation.

The reality is that it's a lot more subtle than that. That's why injury lawyers have to put together a lot of details to understand the full context of the case, and then argue for their client's best interests in court. Here are some critical factors in whether a slip and fall accident injury case is easily resolved or not.

Obvious and Visible Threat

In general, figuring out a slip and fall case has to do with whether a threat such as ice, spilled water or anything else was obvious, whether it was evident that injury could happen, and whether responsible parties neglected their duties in fixing the problems. For example, in some states, small slick spots of black ice are not considered an obvious threat in general, while visible ice ridges constitute more of an obvious danger. Again, these are things that have to be argued in court, but they do make a difference in putting a slip and fall case together.

Boundaries of Premises

Another critical aspect is where the business has responsibility to protect visitors. Again, a fall in a parking lot may be obvious, but one that happens on the sidewalk adjacent to a parking lot may be less obvious, and where there is a slip and fall adjacent to a business, but in a public space, the business may have no responsibility at all. So another important factor is to look carefully at maps, and really study the location where an injury happened.

A Good Faith Effort

Here's another critical aspect of a slip and fall case -- if the defendant did reasonable work to prevent injuries on premises, the case is going to be more difficult to prove. On the other hand, where a business was clearly negligent and did nothing, for instance, to work with icy sidewalks or stairs on premises, there's a much better chance to pursue a personal injury settlement or court award.

A Pattern of Neglect

Some of the more successful injury cases happen when lawyers can show a pattern of inattention to public safety. When two or more injury victims come forward, these patterns start to emerge, and it becomes much easier to bring cases and get settlements from responsible parties.

All of these may come into play when consulting a personal injury lawyer about a slip and fall injury case. For more information, visit http://www.putnamlieb.com, or talk to an experienced slip and fall attorney.