If you've slipped, fallen, and sustained an injury, taking legal action may be appropriate. There are several things that can strengthen your case, from the help of witnesses to email correspondence with the business or property owner in which he or she apologizes for your injury. However, you should know that every slip and fall case isn't an automatic slam dunk. There are several factors that could make it tricky for you to win your case. Regardless, it's always a good idea to consult an attorney, as he or she can explain the validity of what you're dealing with. Here are some factors that might harm your case.
You're Responsible For The Cause
When you slip and fall in a business, one of the first things that your attorney will need to know is what caused the slip. If the business was responsible for this hazard, it's good news for your case. However, it won't always be the business's fault. If you were walking in a supermarket with a glass bottle of juice, dropped the bottle, and then slipped on the liquid and fell, you're the chief cause of the incident and this may make it difficult for your attorney to present a case.
The Cause Just Happened
A business is entitled to a reasonable amount of time to correct an issue that may be a hazard to people on the property. When there's something precarious that is underfoot and the business ignores it for a long time, your likelihood of a successful case will be higher. However, you may have trouble if the issue that caused your slip and fall just happened. For example, if someone walking in front of you in a hotel were to kick a floor mat and wrinkle it up, thus making it a hazard that you tripped over, the hotel's attorneys will argue that management didn't have adequate time to address the risk.
You Went Out Of Your Way To Slip
Unfortunately, there are those who attempt to slip and fall with the plan to take legal action. The other party's attorneys will seek to prove the legitimacy of your fall. Namely, you'll have to prove that you didn't go out of your way to slip and sustain an injury. For example, if a business with two sets of exterior stairs were to close one off during a freezing rain storm and focus on de-icing the other, your case may not have merit if you purposely climbed over the barrier at the top of the close-off stairs and then promptly slipped and fell down them.
Contact a personal injury lawyer for more help.