Have you recently suffered injuries as a result of a slip and fall? You may be suffering not only ongoing pain and symptoms, but also a loss of income. Advice from a lawyer familiar with slip and fall cases will help you decide whether or not you have a case worth pursuing. I have over 32 years of experience representing victims of slip and fall cases. I would be pleased to meet with you on a no-fee basis. I recently obtained an out of court settlement for a nurse who slipped on food at a grocery store. This out of court settlement was for over $200,000.
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Many motor vehicle accident lawyers stay away from slip and fall cases. This is because proving liability in a slip and fall case is much more difficult.
If you proceed to trial on a slip and fall case, you must not just prove to the court that you did in fact fall and suffer injuries from that fall. You must also prove that the party you are suing was in some way at fault or responsible for the fact that you fell.
Let’s take a brief look at a make-believe slip and fall scenario.
You are shopping at a grocery store. You slip on some produce that was left on the floor. you suffer a broken arm. You have all the evidence you need, including eye witnesses, to prove that there was produce left on the floor, that you slipped on this produce and that it was this fall that caused your broken arm.
The grocery store has a policy that the entire floor in the produce area must be swept every 20m minutes. This policy is in writing. The grocery store also has a log which records all of these sweepings. The log confirms that in the time leading up to your fall the floor area was swept every 20 minutes.
In this scenario, the court would first decide whether or not the policy that required the floor to be swept every 20 minutes was reasonable. In my opinion, the court would find this policy more than reasonable. The court would then decide whether or not the policy was being carried out in the time leading up to your fall. With the written log indicating that in fat this policy was being carried out in the time leading up to your fall, the court would almost certainly find that this was the case.
Unfortunately for you in this make-believe scenario, you would not be successful at trial.
The Law Society of BC recognizes that slip and fall cases are generally more difficult than motor vehicle accident cases.
The good news is, you should not be discouraged by the above make-believe scenario of a slip and fall case. Unlike many other lawyers, I do not stay away from slip and fall cases. I have had every type of slip and fall case one might imagine. I am almost always able to find a way to demonstrate that, in fact, the defendant is responsible for my client’s slip and fall.
Some of my clients have fallen down an interior stairway in the home they are renting from their landlord. All I have to do is demonstrate that the stairway was not up to code and this slip and fall case is on its way to victory.
Some of my clients have fallen down an exterior stairway in the home they are renting from their landlord. In this type of slip and fall case, I have even more avenues of attack. Even if the stairway is up to code, my client’s case is on its way to victory if I can demonstrate that my client slipped on the stairway because it was wet and the water came from improperly constructed or improperly maintained eaves above the stairway causing rainfall to drip out or the eaves onto the stairway.
If you have suffered an injury as a result of a slip and fall, you may wish to consider obtaining legal advice from a Vancouver personal injury lawyer familiar with slip and fall cases. Call me, Tim Louis, today at 604-732-7678.