Legal Guide

Why Is It So Difficult To Prove Slip And Fall Cases?

Unfortunately, slip and fall accidents happen all the time. Whether it be due to a wet floor, faulty staircase railing, or torn carpets, falling on a hard surface can result in significant injuries. When you slip and fall and injure yourself, you will likely incur expensive medical bills and other damages that might not be possible to pay from your pocket. 

You may be entitled to monetary compensation if you believe someone else was to blame for your accident and injuries. However, many people shy away from filing a claim because they think proving liability in a slip and fall is complex and almost impossible. This is only a myth. There is nothing an experienced Jersey City slip and fall attorney cannot help you prove. 

How to prove liability and negligence?

To hold someone liable for your slip and fall accident injuries, you will need to prove that the property owner or other party was responsible for your damages. Since every premises liability case is unique, it is impossible to determine your claim’s outcome without assessing a few factors. 

It is recommended to consult with an attorney and provide them with every piece of information or evidence that you find significant to the case. You should share everything with your attorney, even what you consider unimportant. Remember not to lie to them for fear that some information will lower your credibility. If you hide information, you lose the case right there. 

Medical records of your injuries and ongoing treatment, doctor’s statements about possible future treatment costs, lost wages, pictures and videos of the accident, and many other pieces of evidence can help you establish negligence. 

Why are slip and fall cases difficult to prove?

Slip and fall cases are difficult to prove because the evidence required can be difficult to gather. The main evidence is the one that establishes that the property owner or manager was negligent in keeping the premises safe. To prove this, the injured party should take photos and videos of the accident site immediately after the fall to capture the hazardous scene. 

Most victims are in too much pain to get up and take photos with their phones. By the time they call their attorney, it is usually too late because the liable party may get the chance to clear the evidence. Therefore, it is a lack of evidence that makes slip-and-fall cases so complex to prove. The more evidence you have, the better your chances of making a successful claim in New Jersey. 


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