In a perfect world, anyone who was injured in a slip and fall accident in which someone else was at fault would get the compensation they deserve for the damages they suffered. However, it is not always this easy. To get the best chance of winning your case, choose an experienced personal injury attorney who can find the best way forward. Keep an eye out for these five elements that could make it hard to win your case then contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal case evaluation.
- The Presence of Warning Signs
- Being Distracted at the Time of the Accident
- Pre-Existing Injuries Can Have an Impact
- You Did Not Exercise Reasonable Care
- The Dangerous Condition Was Brand New
If there were warning signs pointing out the danger that resulted in your accident and injury, then you will likely not have a case. Why? Because it is the responsibility of the property owner to either fix a hazard or make people aware of it. A sign is considered enough to make people aware of many hazards. However, if the threat was great even with a warning sign, you could still have a case.
If the defendant can show that you were distracted at the time of the accident, then they might use that as evidence that the accident was partially or wholly your fault. This could include checking your phone, texting, or otherwise not paying attention. Their attorney could try to prove that the accident would not have happened if you had not been distracted.
If you already have an injury and it is made worse by the accident, you might assume that it is difficult to prove. It is true that the defense is likely to claim that the injury was already there and that you should not receive compensation for it. However, we can show them how your injuries have become worse since your initial injury.
While the owner of a property must keep their home reasonably safe, they do not have to ensure that it is impossible for someone to be hurt. For example, if a person falls down a set of stairs in the middle of the day, and it is found that there is nothing wrong with the stairs, then the owner of the property can likely not be found at fault.
In order for the property owner to be found negligent for your injuries, we must be able to prove that they knew (or should have known) about the danger. If someone spilled water on the floor and you slipped on it one minute later, then it is not reasonable to expect that the owner would have had time to clean it up and/or provide warning of the danger.