Fall down cases known as “slip and fall” or “trip and fall” cases are some of the most difficult cases to win. In order to win a slip and fall case, there must be clear, strong evidence of the defendant’s negligence.
One of the most typical defenses in these cases is an allegation that the plaintiff was comparatively negligent. Under this doctrine, everyone has a duty to watch where they are walking, unless of course, the defect was hidden.
In most fall down cases, a plaintiff will be attributed some portion of fault for the accident. Moreover, the landowner or property owner’s negligence must exceed that of the plaintiff in order for plaintiff to recover.
So, these types of cases really boil down to proving that a landlord or property owner was negligent. The stronger the evidence, the better the case.
In order to prove a landlord or property owner’s negligence, the slip and fall plaintiff’s lawyer must have a solid strategy to obtain such evidence.
I often see lawyers make mistakes in the discovery process. Finding sufficient evidence of negligence means being aggressive and asking all the right questions and pushing to find the right evidence.
Many fall down cases will depend on whether the owner has a documented floor safety plan or protocol. Most defendants in slip and fall cases simply do not have such plans.
Most plans consist of having all employees be on the look out for any hazardous conditions. Such a “plan” is really no plan at all.
Proving negligence where there is no written protocol means asking the right questions at a deposition, such as, whether there is any follow through with employees on safety issues or whether there is any employee training on safety issues and recognizing safety issues. More often than not, the answer to these questions is always “no.”
Access my legal articles for more information about proving negligence in Pennsylvania slip and fall or fall down cases Part One and Part Two.
To submit your case for review by our Pennsylvania and New Jersey slip and fall lawyers, call 800.220.7600. Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis.
**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.
Our slip and fall accident attorneys serve accident victims in the following areas: Allegheny County, PA; Berks County, PA; Bucks County, PA; Chester County, PA; Delaware County, PA; Lehigh County, PA; Montgomery County, PA; Northampton County, PA: Philadelphia County, PA; Atlantic County, NJ; Burlington County, NJ; Camden County, NJ; Cumberland County, NJ; Gloucester County, NJ; Salem County, NJ; New Castle County, DE; Kent County, DE; Atlantic City, NJ; Philadelphia, PA; Pittsburgh, PA; Newark, NJ; Doylestown, PA; Media, PA; West Chester, PA; Norristown, PA; Camden, NJ; Wilmington, DE; Newark, DE; Georgetown, DE; and New Castle, DE. Our lawyers can obtain special admission in other states on a case by case basis.
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