If you have been injured from a trip and fall or slip and fall (or due to any hazard present on a premises), an experienced attorney is especially important. This article will touch on a few of the reasons I make this statement, and some obstacles inherent in many cases involving a trip or slip and fall.
I. The Likelihood Of Litigation
The reality is that many injury claims stemming from a trip or slip and fall will wind-up in litigation. In other words, the claim may not be settled through good faith negotiations, as many businesses are quick to deny a claim that someone was injured due to a hazard on their premises. This is vastly different from automobile accident injury claims, where the majority of cases are settled through pre-suit negotiations without the need of filing a lawsuit. For that reason, you will want an attorney that is battle tested in the courtroom.
II. Liability Will Likely Be Denied
As mentioned above, many times the premises owner will deny liability (fault), claiming that either there was no hazard present, or they did not know about the hazard. In a car accident claim, most of the time it is clear who was at fault. In a premises liability claim you need an attorney who is willing to dig and find evidence to support a claim that the premises owner knew about the hazard, or should have known about the hazard.
The law has changed in Florida. About 14 years ago, the Florida Supreme Court decided a case that was favorable to victims injured from a fall, and created a presumption that the premises owner was aware of the hazard. However, the legislature changed the law so that there is no longer such a presumption, and the burden of proof is on the injured victim. An experienced, hard working personal injury attorney will understand the rules of evidence.
III. Some Personal Injury Attorneys Will Not Even Consider Taking a Case Involving Injuries From a Fall
Unfortunately, there are some attorneys or law firms that operate as a sort of mill. By this, I mean that they will advertise heavily in an attempt to sign-up as many automobile accident injury cases as possible, and generate revenue without doing any of the “heavy lifting” involved in actual litigation. Since a claim involving someone injured from a trip and fall or slip and fall is far more likely to involve actual litigation and potentially a jury trial, such attorneys may avoid these claims altogether.
A true trial attorney is not bothered by the threat of litigation inherent in a trip and fall case, because regardless of the type of claim involved, he or she will not hesitate to file a lawsuit and fight on behalf of the client.
I have 19 years of litigation experience representing persons injured due auto accident, product liability cases, and slip or trip and fall cases. Many of these cases I have litigated on behalf of my clients, going to countless court hearings and depositions.
If you would like to read more on Florida Slip or Trip and Fall Claims, you may read this article: Injuries from Premises Hazard.
If you have been injured due to some type of premises hazard, please call today for a free consultation with me.