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Are Slip and Fall Cases Hard to Prove? A Tallahassee Slip and Fall Lawyer Explains What You Need to Succeed

» Written by // January 19, 2021 //


An experienced Tallahassee slip and fall lawyer explains the basics of premises liability and the challenges of succeeding with a claim.

A Tallahassee Slip and Fall Lawyer Must Prove Liability

Of course, we all know that we cannot sue someone every time we slip and fall somewhere. To hold another person accountable and require them to pay compensation for a slip and fall injury, a Tallahassee slip and fall lawyer must demonstrate several factors existed in the case.

First, the attorney must show that the owner or manager of the property owed a duty of care to the injured person. If the slip and fall victim was a shopper in a store or was in some other way invited onto the property for the owner’s benefit, then the owner or manager owes a duty of care to protect from hazardous conditions.

Next, a slip and fall lawyer in Tallahassee must prove that the property owner failed to act responsibly toward those on the property and that the failure led directly to the slip and fall. Finally, the attorney must demonstrate that the accident victim suffered injuries due to the property owner’s negligence.

Why Florida Slip and Fall Cases Can Be Challenging  

The difficulty in most slip and fall cases comes down to evidence. It can be challenging to prove the existence of a hazardous condition, and it can also be difficult proving that the property owner knew or should have known about it and failed to take the right steps to address the problem.

That said, our Tallahassee slip and fall lawyer will want to start gathering and preserving evidence as soon as possible. This evidence may include statements from witnesses to the fall or the conditions before the fall. And hopefully, the incident was captured on a security camera. A Tallahassee slip and fall attorney could take steps to preserve footage before it can be erased or recorded over.

If there are no witnesses or video recordings, the accident victim or attorney could rely on photographs of the accident scene. The victim should also see a doctor as soon as possible because an exam can provide medical evidence of the injury.  

The Best Chance for Success Comes From Working With an Experienced Tallahassee Slip and Fall Lawyer

The best time to collect evidence to support a showing of liability in a slip and fall case is right after the fall. As time passes, it can be hard to find witnesses, and the conditions at the scene will change. 

To give yourself the best chance for success, it is a good idea to talk to a Tallahassee slip and fall lawyer as soon as possible. To get started with a free consultation, call 888-549-7011 or contact us online.


Tallahassee

Searcy Denney Scarola Barnhart & Shipley, PA Searcy Denney Scarola Barnhart & Shipley Logo The Towle House, 517 N. Calhoun St.
Tallahassee, FL 32301-1231
Toll-free: (888) 549-7011
Phone: (850) 224-7600
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