Slip and fall cases can be surprisingly complicated. Standards for determining who is at fault are not consistent, and evidence can be difficult to stack in your favor. This is why obtaining legal counsel from a competent personal injury lawyer is so important before deciding to move ahead with a lawsuit. To assist you in making a decision, Mitch Grissim and Associates of Nashville, Tennessee have compiled some general information to consider while assessing your slip and fall lawsuit.
Who’s at Fault?
Insurance companies and defending lawyers will desperately want to prove that your own actions resulted in your fall. For example, if you were injured because you slipped after consuming several alcoholic beverages, this may put a dent in your case. However, if you were walking down the stairs and one of the steps spontaneously collapsed, you have a much better chance of receiving a settlement.
When determining liability, courts will examine whether or not an action was intentional, negligent, or reasonable. Because of human nature, these ideas do not translate equivalently across all cases and may be difficult to prove. Generally, you can use common sense to judge if an action was any of the above.
Intentional actions can be represented by cases where an item or a spill was deliberately placed in such a manner that it endangered another person. Negligence may be exemplified by refusal to clean a spill or perform routine maintenance. If an action is reasonable, it can be expected to be performed. It is reasonable to assume that a property owner would clear high traffic areas of debris, but leave a rarely used room to be cleared out at another time. These details are critical to determining who holds the responsibility for a fall.
Who Owns What?
Even if you’ve determined that it was not your fault that you fell, you may be unsure as to who exactly the other party you’re about to make a claim against might be. For example, let’s discuss a trampoline injury. If the unit was improperly installed, it may be the property owner’s responsibility. However, if the unit was faulty in the first place, the manufacturer may be responsible. It is important to consider the fact that just because something exists on someone’s property, they may not always be held legally responsible for injuries.
Is It Worth It?
If your injuries are not particularly severe, or it is difficult to prove that you faced substantial pain and suffering, and loss, a lawsuit probably isn’t worth your time (or money). There must be a significant reason that you are requesting compensation. Medical bills can pile up fairly quickly and are one of the main ways that your damages will be assessed. Legal counsel will help you determine the appropriate course of action.
Contact a Nashville Personal Injury Lawyer
If you’ve slipped and fallen at an establishment, the personal injury lawyers of Mitch Grissim & Associates can help. Let our attorneys help you determine whether or not you have a case and guide you through the process of filing a claim. Call us or fill out our form today for a free consultation.