How Do Insurers Challenge Slip and Fall Injury Claims?
A slip and fall accident victim will lose the right to recover damages if they were more than 50% at fault for causing their situation, under Idaho Code § 6-801. Knowing this, liability insurance companies frequently contact victims shortly after they file accident reports to gather information that they use against their claims, such as:
- The victim was distracted or failed to pay attention to open and obvious hazards
- The injured party’s footwear or clothing increased the risk of falling by being inappropriate for prevailing conditions
- The victim was intoxicated or was on medications that impaired their balance or stability.
When you hire our experienced Pocatello attorneys promptly after your slip and fall, we handle all communications with insurers and block their attempts to skew your words into an admission of fault.
What Evidence is Needed to Prove a Slip and Fall Claim?
If possible, you should take photographs of the slip and fall accident scene, get contact information from eyewitnesses, and take notes of the time and location. When you retain legal counsel, your lawyer will pursue other available evidence, including security video, building maintenance reports, and repair records that might otherwise be discarded if they are not saved for later use in your case.
Your attorney will further establish who owns or manages the property where you were harmed to determine which parties might be liable to pay your compensation for medical expenses, lost wages, and various other losses.
