"It's an Open and Shut Case"
Slip and fall cases are never 'open and shut' cases. The person injured must have clear facts and apply them to a very long matrix of premises liability law in order to find that the owner of the property where their injury occurred either did something they should not have done, or failed to do something that they should have done that, when measured against this matrix, will allow a court and/or jury to enter a judgment.
"I Just Want to Settle, I Don't Want to go to Court"
You just wanted to settle and NOT go to court? Insurance company claims adjusters will never "just settle" a case unless they see that the evidence is there, or will be there at trial.
What Evidence is Required in Slip and Fall Cases?
Personal injury attorneys must develop a theory of liability. For example, on a rainy day if a customer of a store walks in and has a slip and fall on rain water very close to the door, cases have held no liability. However, where there is an old leaky cooling unit that store operators know is causing a hazard and they fail to take reasonable steps to mop the water off the slippery floor, there is a much easier case. Injuries will only be compensated where negligence is established.
"But I Fell. It Wasn't My Fault."
Slip and fall or trip and fall accidents have other perils. Property owners often argue that if they should have seen and done something about a hazard that caused injury, then the person that was injured should have seen it and avoided it. So, the personal injury attorney must establish that the store operators were in a better position to foresee that there was a potentially dangerous condition and also that they with little cost, were in a better position to have eliminated the hazard.
Massachusetts and New Hampshire are the states in which I am a licensed attorney. Laws do in fact vary from state to state and the above is only a summary of an area that can be quite complex.
Sign up to receive a 3-part series of useful information and advice about personal injury law.