Slip and fall accidents might seem straightforward at first glance. Someone slips on a wet floor, trips over an uneven surface, or falls on icy steps and gets injured. However, things can get surprisingly complicated when pursuing a legal claim for those injuries. If you want to receive compensation for the injuries, get legal help for a slip and fall claim.
However, filing a claim and receiving compensation is not easy. Some of the most common legal challenges people face when filing slip and fall lawsuits include.
Proving Liability
One of the biggest hurdles in a slip and fall case is proving that the property owner was responsible for your injuries. Just because you fell on someone else’s property does not automatically mean they are liable. You must show that the property owner or occupier was negligent in maintaining the premises.
That means proving that:
- They caused dangerous conditions.
- They knew about the hazard and did not fix it.
Proving fault is one of the most heavily contested elements in court.
Lack of Evidence
Slip and fall cases are highly fact-dependent, and your claim could fall apart without strong evidence. You will need proof such as
- Surveillance footage
- Photographs of the scene,
- Medical records and
- Witness statements.
The problem is that hazards like snow and spilled liquids melt away quickly. If you do not document the scene immediately, proving what caused the fall may be hard. This is another reason why consulting a lawyer early is crucial, as they can help you gather and preserve evidence before it disappears.
Comparative Negligence
In many slip and fall lawsuits, the property owner will argue that you were partly or wholly at fault for your injuries. Maybe you were distracted by your phone, ignored warning signs, or wore improper footwear. In places like Alberta, courts follow a comparative negligence rule, which means your compensation could be reduced if you are found to share some of the blame.
For example, if you are awarded $50,000 but are found to be 30% at fault, your compensation would be reduced to $35,000. Understanding how comparative negligence could impact your claim is essential when negotiating a settlement or going to court.
Notice Requirements
Another common issue in these cases involves notice. If the accident happened on government property, like a sidewalk, public building, or city-owned parking lot, there are strict deadlines for notifying the appropriate government body. In Alberta, you have 21 days to give written notice for a claim involving a municipality. Missing this deadline could bar your right to sue.
Even private properties have a general two-year limitation period to file a lawsuit. That may sound like plenty of time, but with the time it takes to investigate, gather evidence, and build your case, the clock ticks faster than you might expect.
Low Settlement Offers
It is not uncommon for insurers to offer quick, lowball settlements to avoid a larger payout later. If you are unrepresented, it is easy to accept less than your case is truly worth. Working with an experienced personal injury lawyer can help level the playing field. They know how to calculate the full value of your damages, including medical expenses, lost wages, pain and suffering, and future care needs.
Conclusion
In conclusion, slip and fall lawsuits are rarely as simple as they seem. From proving negligence to overcoming comparative fault arguments and meeting strict deadlines, several legal obstacles can stand in your way. That is why getting legal help for a slip and fall claim as early as possible is important. A skilled lawyer can guide you through the process, protect your rights, and help you pursue the compensation you deserve.