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WHAT MAKES A GOOD SLIP AND FALL CASE?

A “slip and fall” case is a situation where someone claims that they were injured because of a dangerous condition on someone else’s property.  Many times, these incidents occur at public places, such as parks, on sidewalks or walkways, and at grocery and other retail stores.  They do not have to involve an actual “slip”, as sometimes injuries occur when someone merely trips or stumbles.  They also do not have to involve an actual “fall”, as sometimes the injuries occur during the “slip” or “trip”.

When I am considering this type of case, I am looking to see how I can prove two main things: “liability” and “damages”.

  • “Liability” involves proving someone did something wrong. It is not enough to merely show that an injury occurred on someone else’s property.  I am looking for a dangerous condition that was created by the property owner (or their employees) or existed for such a long time that the property owner should have been able to discover and remedy the danger.  Many times, liability is shown through witness statements, business records, photographs, and videos.
  • “Damages” refers to the injuries, which can involve physical pain, medical expenses for treatment, loss or harm to personal property, and missed time from work. Usually, damages are shown through medical records, repair invoices, and wage statements.

It is extremely important to capture as much evidence as possible at the time of your injury as well.  Take pictures or videos!  Write down the names and phone numbers of those around you including witnesses and employees!

It is also equally important to contact an attorney as soon as possible after your injury.  These cases can be difficult to win, and the more time that passes since the incident, the harder they can be to prove.

Sara Morgan

Ms. Morgan obtained her Juris Doctor from Chapman University School of Law in Orange, California. She contributes to the improvement of both the local and legal communities, having provided pro- and low-bono legal services, and volunteering at legal clinics and other programs serving the community. View Attorney Sara Morgan's Attorney Bio Here.

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