Establishing Liability in Oak Lawn Slip and Fall Cases

In all slip and fall cases, it is essential to identify all potential defendants. It may appear to be one defendant’s fault when in reality a different defendant could be responsible for the condition which caused the injury. In a slip and fall case, the condition may be caused by the person who owns the property. If a store that fails to clean up a spill, the store may not be responsible if it hires a cleaning company. If the plaintiff was injured in a mall, the management companies may be the proper defendant. A case may also involve a combination of several defendants. An injured person may find it essential to hire a slip and fall lawyer when establishing liability in Oak Lawn slip and fall cases. Proactive personal injury attorneys do not charge an upfront fee and only get paid if there is a recovery.

How Could an Attorney Prove Who the Responsible Party is?

There may be numerous potentially responsible parties in a slip and fall case. Slip and fall lawyers typically attempt to maximize the recovery for the injured person. They could present the best possible evidence pointing to the responsibility of all possible defendants. This may entail presenting evidence against one defendant and different evidence against other defendants.

Types of Evidence Used to Establish Liability

A photo of the substance that caused the fall may be the best evidence for a plaintiff. A detailed description of a substance could be important even if the person does not have a photo. When establishing liability in Oak Lawn slip and fall cases, other important evidence a defendant could use may include records to show the times of inspections of commercial premises. Plaintiffs and their attorneys could also obtain samples of the substance which caused the fall. A slip and fall lawyer could know what evidence is available and may be in the best position to obtain that evidence in proving a case of negligence.

Role of Witness Testimony

While the testimony of the person who falls is important in a slip and fall case, eyewitnesses testimony could be more significant. A witness is typically seen as unbiased and more believable in a legal case. This powerful testimony from witnesses may cut both ways. Witness testimony could help their case but may also hurt their case. Since witnesses may not have a stake in the outcome, juries tend to place a lot of significance on witness testimony.

Information an Injured Person Could Collect from the Scene to Corroborate their Claim

Most individuals typically do not plan on having a slip and fall just as they may not expect to be in a car crash. If a person thinks quickly following a slip and fall, it may greatly improve their chances of making a recovery. There are a few things to keep in mind when establishing liability in Oak Lawn slip and fall cases. It is important to make a report of the incident since most slip and falls are un-witnessed and, if the injured party does not report it to someone, there might be a higher chance that their claim will be denied.

If the person takes a photo of what caused the fall, it may be powerful evidence in a slip and fall claim. If there are any witnesses, it may also be important to get their names and phone numbers. While there are many things a person could do immediately following a slip and fall which may increase the chances of a successful recovery, a seasoned slip and fall lawyer may be able to prove their case and obtain a successful settlement even if they do not have any of the foregoing.

How an Attorney Could Assess Damages Once Liability is Determined

In a slip and fall case, it is typically not enough to prove liability. The term liability means the injured person needs to prove that the defendant was negligent. The plaintiff must also prove that the person was injured. If a defendant was negligent but this negligence did not result in damages, there may be no recovery. Damages are typically proven by way of medical treatment. Juries rely on objective proof of injuries based on medical testimony and discount self-serving testimony by the plaintiff about their injuries. An experienced slip and fall attorney may not only focus on the facts to prove liability but could take steps to properly document the injuries in a slip and fall case.

Role of Damages in Establishing Liability in Oak Lawn

While the law requires landowners to exercise reasonable care to protect a person who is legally on the premises from harm, the law does not define “reasonable.” This is the role of the jury. The jury is the conscience of the community and serves to establish acceptable norms of safe behavior. What is reasonable in one circumstance to one defendant may not be reasonable in another circumstance. The greater the risk of harm and the lower the burden in preventing the harm, the greater the duty of the defendant could be to make their premises safe. If the risk of grave harm or even death is great and the cost of preventing such risk is relatively small, most juries typically find it reasonable for a defendant to guard against such risk. If the danger is relatively small and the cost is great, juries may not think that it is reasonable to expend that large cost to protect against a small chance of harm. Establishing liability in Oak Lawn slip and fall cases could be overwhelming for a person that is suffering from the aftermath of a personal injury. Contact a slip and fall lawyer for help.