In nearly a quarter century of work as a personal injury attorney, I’ve had the opportunity to see people hurt in a wide variety of ways — everything from aircraft crashes to automobile accidents, and even slip-and-fall or trip-and-fall incidents.
I’m Griff Tonkin, one of the partners here at the Arthofer & Tonkin Law Offices. Today, I want to take a minute to talk to you about the difficulty of proving liability in slip-and-fall and trip-and-fall accidents, and to explain some of the common defenses used by insurance companies representing property owners and landowners in these cases.
Why slip-and-fall and trip-and-fall cases can be difficult to prove
So — you’re walking, and you slip or trip and fall. It’s probably not immediately obvious what caused your injury. That’s because, in many cases, you don’t see the hazard until after you’ve fallen.
One of the arguments the defense will often make is that you have an obligation to look where you’re going. While that’s true, many businesses — especially retail stores — have environments designed to distract you. You’re looking at signage, displays, or sales promotions — all of which are meant to catch your eye.
And often, you’re pushing a shopping cart in front of you, which can obscure your view of the floor or walkway.
Why preserving evidence is critical
That’s why it’s so important to preserve evidence as soon as possible after a slip-and-fall or trip-and-fall injury. A qualified personal injury attorney — like those of us here at Arthofer & Tonkin — will take immediate action to secure security footage, identify witnesses, and if necessary, visit the scene to document conditions firsthand.
This helps ensure we have a precise understanding of what caused your injury and who is responsible. But this evidence can fade or disappear over time — which is why acting quickly is critical.
What must be proven in a slip-and-fall case
To prove your case, we need to determine:
- What caused your injury
- How long the hazard existed
- Whether the property owner knew or should have known about it
We also need to identify all potentially liable parties and uncover what created the dangerous condition in the first place.
How defenses try to shift blame
To prove your case, we need to determine:
- What caused your injury
- How long the hazard existed
- Whether the property owner knew or should have known about it
We also need to identify all potentially liable parties and uncover what created the dangerous condition in the first place.
A quality personal injury firm like ours does that work for you — thoroughly and professionally.
Call us for a free consultation
If you’ve been injured in a slip-and-fall or trip-and-fall incident, call us here at the Arthofer & Tonkin Law Offices today. Our consultations on personal injury matters are always free.
