Slip and fall lawyer – How to prove your case

by | Nov 23, 2016 | Blog

Many times, injuries occur on business premises and involve slips and falls. These cases can oftentimes be difficult as the injured victim and a slip and fall lawyer must prove that the substance that made them slip was there for a sufficient amount of time to constitute notice. In other words, if the owner of the business did not have notice of the dangerous substance or should have known about it, then there is no legal case. It is not the same as when you are rear ended by another car and can squarely place blame on the other driver. It can be more complicated proving that a business owner should have known of spilled milk in the aisle or melted ice at the entryway.

What happens when you walk into a grocery store and slip on some spilled food or liquid? It is important to take photos if you can so your lawyer can determine the amount of time that the food or liquid may have been on the floor. Sometimes, an attorney can request sweep logs to see when the aisle was last swept or mopped by an employee. It can be problematic in determining exactly how long a substance has been on the floor that is why it is important to take photos, interview possible witnesses and see the maintenance schedule posted by the business owner.

There are other cases that involve code violations by a business owner. For example, let’s say that a business owner has a defective step in the stairway or has built stairs that are not up to code. Then, the business owner can be held legally liable for not properly maintaining or constructing the stairs/steps. If a business owner has a handicap ramp, then he needs to make sure the handicap ramp meets code requirements and/or has handrails as required by the Americans With Disabilities Act. There are many building codes and other safety codes that business owners may violate and that is when you need a good personal injury lawyer who can study the codes and make sure that the business owner is in violation. If the business owner is in violation, then he can be found negligent and can be found to have caused your injuries and damages. In these type of situations, you can make a claim or file a lawsuit against the business owner for negligence and seek money damages. Especially in slip and fall cases, you need a very experienced and creative lawyer who can properly argue your case. I have handled many slip and fall cases and know the ins and outs of proving fault.

A personal injury lawyer with over 10 years of experience, Ryan Malnar serves Colorado Springs with honesty & integrity.