Are Slip and Fall Cases Hard to Win?

April 20, 2024 – Paul Hammack

Slip and falls that occur on another person’s property can qualify the victim to seek compensation for their injuries. Each year, slip and fall accidents account for more than 1 million hospital visits, per the National Floor Safety Institute (NFSI).

If you have suffered a serious injury from a slip and fall, you may be able to sue the property owner, manager, or other liable party for damages. However, slip and fall cases can be hard to win. That’s why many victims seek out legal support from a personal injury law firm.

Why Slip and Fall Cases Can Be Hard to Win

It can be difficult to sue for slip and fall accidents because you typically have to rely on your first-hand account of what happened. If you are lucky, there were witnesses or video footage of the accident. However, if no one else was around to back up your claims, it can be difficult to prove that the property owner was negligible. This is why slip and fall cases are so hard to win.

Evidence You Need in a Slip and Fall Case

To build a strong case that negligence caused your slip and fall accident, you will need to provide the following evidence:

Records of a medical examination after the accident
Bills for medical treatment related to the accident
Receipts for any other related out-of-pocket costs
A full report of your slip and fall
Witness statements or video footage
Photographs of the hazardous condition that led to your slip and fall

Common Places Where Slip and Fall Accidents Occur

Slip and fall accidents can happen just about anywhere outside of your home. Common places include:

Workplaces
Apartment complexes
Parks and playgrounds
Stores
Restaurants
Movie theaters
Sports stadiums
Swimming pools
Private homes
Garages and parking lots
Nursing homes

Hazardous Conditions That Can Lead to Slip and Fall Accidents

Numerous dangerous conditions can cause slip and fall accidents and lead to serious injury. These include:

Damaged floor covering
Wet or slippery floors
Insufficient lighting
Missing or damaged handrails
Uneven steps
Loose mats or rugs
Potholes in sidewalks or parking lots
Snow or ice on sidewalks
Obstacles that lead to tripping

Types of Damages in a Slip and Fall Case

If your fall causes significant personal injury, you may be able to claim damages for the following:

Medical treatment: This will include your medical bills for tests, treatment, and medication at the time of the accident. It will also cover continued medical treatment, such as rehabilitation and physical therapy.
Lost income: If the injury you sustained prevents you from going to work, you may be able to claim damages for lost earnings.
Reduced future earnings: If your injury is permanent and you can no longer perform your usual job, you may be able to claim for reduced future earning capacity.
Inability to perform household duties: Your injury may be so severe that you can no longer manage your regular household duties, such as day-to-day maintenance or child care. If this is the case, you may be able to claim additional damages.
Pain and suffering: Your injuries may lead to a prolonged or permanent period of chronic pain and discomfort. You may no longer be able to participate in activities you once enjoyed. If this is the case, you could sue for pain and suffering.

Every slip and fall case is different, so the damages you can claim will be based on the type of accident, how it occurred, and the severity of the injury you sustained.

Why Hire an Attorney for a Slip and Fall Case

You are not required to have an attorney for a slip and fall case. However, it is in your best interest to hire one if you want a fair settlement or you’re going to trial. Here’s why:

Establishing fault: An attorney can investigate how your injury occurred. This will help them to provide solid evidence that the property owner or other liable party is at fault due to negligence.
Proving losses: Your lawyer will help you collect and present the necessary documents to prove the extent of your injuries and other damages – for example, your medical records, bills for treatment, and proof of lost income. If necessary, they will also help you prove pain and suffering.

Hammack Law Firm Is Here for You

Have you suffered injuries from a slip and fall accident in South Carolina? If so, our slip and fall attorneys at Hammack Law Firm are ready to help you with your damages claim. We have years of experience and extensive knowledge relating to slip and fall lawsuits. When you hire one of our lawyers, you can feel confident that we will fight for the damages you need.