Slip and Fall

At our personal injury law firm, we understand that life can sometimes throw you a curveball when you least expect it. One of these curveballs is the classic slip and fall scenario. Imagine a scenario where you’re going about your day, and suddenly, a misstep on someone else’s property leaves you on the ground. It’s not just a simple stumble; it’s a potential legal matter.

To succeed in a slip-and-fall case, the plaintiff must demonstrate the existence of a hazardous condition on the property that directly led to their fall. The ability to pinpoint the cause of the fall is pivotal because without a clear understanding of what precipitated the incident, it becomes challenging to establish whether the defendant was negligent in either creating or addressing the dangerous condition. In situations where the plaintiff stumbles due to their own actions or experiences an unexpected physical weakness resulting in a fall, the defendant cannot be held liable solely because the incident occurred on their property. If the plaintiff or any witnesses cannot provide a valid explanation for the fall, the defendant bears no legal responsibility. It is essential that there is a tangible factor associated with the property, such as a structural defect or a foreign object or substance, that directly contributed to the fall.

Given the critical nature of this aspect in slip-and-fall lawsuits, we diligently seek sources of evidence to elucidate the cause of the plaintiff’s fall. These sources may include witnesses, police reports, paramedic records, or emergency room records, all of which can assist in establishing the sequence of events leading to the fall. In a case we handled, for instance, our client slipped and fell on a wet surface in a hotel bar, resulting in a hip fracture. Interestingly, the client did not initially perceive the presence of water, but her husband observed it and felt it on the back of his winter coat while assisting our client to a chair.
Workplace Injuries: Whether it’s a workers’ compensation claim or a workplace injury lawsuit, Octavio Duran is your dedicated advocate.