The #1 Reason Slip and Fall Cases are Unsuccessful

Every year hundreds of thousands of people in the United States suffer serious injuries as a result of slip and fall accidents. Close to 40 people will die every day, most of whom will be the elderly. Despite this high number of accidents, few slip and fall cases ever make it to trial. Even a smaller percentage of those that make it to trial are successful.

The number one cited reason for unsuccessful slip and fall cases is lack of preparation by the plaintiff’s attorney.

Difficulty in Proving the Facts

Since most people are too traumatized to take note of conditions that lead to slipping and falling, it is often difficult to prove the dangerous condition that caused the accident. Even though it is a well-known fact that most slip and fall accidents result from lack of ordinary maintenance of premises, proving the facts is quite difficult. Lack of witnesses or witness testimony significantly weakens a slip and fall case as plaintiff is unable to establish “notice” of a dangerous condition.

Successful Prosecution of Slip and Fall Cases

Attorneys who do not have complete knowledge of the premises liability law often find themselves on the losing side. To succeed in premises liability litigation involving a slip and fall accident, attorneys must prepare very carefully through meticulous fact gathering during the discovery process. An experienced injury attorney will examine all elements of a slip and fall accident and subject the client to rigorous questioning to reveal additional facts that will ultimately result in successful prosecution of the case.

Inexperienced Attorneys Lose Focus of Important Issues

Attorneys who do not have substantial experience in handling slip and fall cases do not adequately prepare their clients for all important deposition testimony. Thus, majority of the cases do not even make it to trial because the defendant is able to make a persuasive argument that he or she did not have notice of dangerous condition. That is why it is extremely important to hire an attorney who not only knows the law, but who can also anticipate and prepare against all possible defenses that can be raised in such a case.

Are you confident the attorney you consult has the experience to avoid common mistakes in slip and fall case preparation?

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