For any slip and fall case, liability must be proven in order for the case to be settled or go to trial. That means you need an experienced, trusted and aggressive lawyer to prove the defendant was negligent. In addition, a slip and fall attorney will need to prove that the defendant’s negligence played a part in causing your injuries. In a car accident case, it is usually straightforward who was at fault for the accident. However, in a slip and fall case proving liability can be much more complex.
Steps to Proving Liability for a Slip and Fall Case
First, your slip and fall lawyer will need to confirm with you how the accident occurred. In other words, how were you injured? An accident can happen in an instant. Sometimes a person doesn’t understand how they went from going up or down the stairs to being on the ground and injured. For example, if you fell down the stairs in a public building and broke your leg. You may be able to sue for negligence. Your attorney will ask you questions such as the following.
- How did you fall down the stairs?
- Was there any slippery substance present that caused you to fall?
- Which foot missed the stairs?
- What were you wearing on your feet?
- Were you being cautious and using the handrail?
- Were you carrying anything? If so, what was it?
- Were you doing something else while walking down the stairs such as your cell phone?
- Where you looking where you were going as you walked?
Once the physics of how you fell is addressed you attorney will figure out how to hold the defendant is legally responsible for the accident. Some possibilities for why you fell may include:
- You slipped on something sitting on the stairs
- You missed a step
- You tripped over your own clothing such as a long coat or dress
- You lost your balance by reaching for something
- The risers of the stairs were of varying heights
Not all of these theories make for a good slip and fall case. The owner of the premises is not legally responsible for you tripping over your own clothing or losing your balance. However, the owner is responsible for a poorly constructed staircase or if something was sitting on the stairs for a long enough period of time that the owner should have known about it.
An experienced and good slip and fall attorney will examine the scene, discuss all possibilities with you and help you to come to a conclusion as to exactly why and how you fell. Next, your attorney will review the applicable state, federal, and local laws to determine if the condition of the premises violated any laws. Your attorney may also involve expert witnesses, if necessary, to testify as to the defendant’s negligence.
Experienced Slip and Fall Accident Attorney in Boise
If you’ve been injured in a slip and fall accident, contact the experienced, trusted and aggressive slip and fall accident attorneys at Parke Gordon Law Firm to handle your case. We can usually tell you right over the phone if you have a good case. Call our Boise law office now for a free consultation. The law office of Parke Gordon Law Firm believes every client deserves fair representation. We will fight for every penny you deserve. Call (208) 322-7274.
You Pay Nothing Until We Win Your Case