Are slip-and-fall cases hard to win?

Slip-and-fall cases are difficult to win for several reasons. First, it is entirely on you and your lawyer to establish that the property owner in question acted negligently — whether through action or inaction — or should have known about the condition of the property. Sometimes, acquiring the right evidence to demonstrate this can be challenging, and not every visitor on the property may receive the same duty of care.

For these and other reasons, hiring a Nashville premises liability attorney to guide you through the legal complexities is essential. When you have been hurt, Weir & Kestner Injury Lawyers relentlessly fight to win your case and get you results.

How is negligence demonstrated in a slip-and-fall case?

To demonstrate negligence in a slip-and-fall case, you and your attorney must establish the property owner’s standard of care they owe to visitors. You must also show how the owner neglected to uphold that standard and how the negligence contributed to your harm. The four elements to establish negligence are:

• Duty of care: The property owner was responsible for maintaining their premises and was obligated to prevent harm from coming to you and others.
• Breach of duty: By failing to fix the hazard in question or failing to be aware of the situation, the property owner breached their obligation to you.
• Causation: Because of the owner’s failure to remedy the dangerous condition, it directly led to your accident and subsequent injuries and losses.
• Damages: For the harm they caused you, the property owner is held financially liable for paying for your damages so you can recoup your losses.

What forms of evidence can be used in a slip-and-fall case?

Evidence is crucial in establishing that a property owner acted in a negligent manner and caused your injuries. To support your personal injury claim, it is important to gather as much of the following evidence as possible:

• Photos and videos of your injuries and the accident site
• Statements by witnesses describing what they saw and how events transpired
• An incident report detailing the specifics of the accident, evidence, statements, diagrams, and a determination of fault
• Medical documents from tests, diagnostics, treatments, and more showing your results and level of injury
• Records of medical bills and other expenses that you have paid for as a result of the accident
• Any other relevant expenses associated with the accident
• Documentation showing any income that you would have made but have lost due to the accident

How much time is allowed to file a slip-and-fall claim?

In most cases, according to Tennessee Code § 28-3-104, you have one year from the date of your slip-and-fall accident to file a claim and seek compensation for your losses. Waiting for longer than a year could result in forfeited rights to take legal action.

Weir & Kestner Injury Lawyers advocates for you

When you have been injured on another party’s property due to lack of proper maintenance, Weir & Kestner Injury Lawyers ensure you receive the compensation you need to recover. We take the time to help you navigate the complexities of your slip-and-fall case and fight to get you the best outcome possible.

Our firm is your ally regardless of what obstacles arise. To get started pursuing legal action today, schedule a free consultation with our team by calling us at (615) 220-4180 or contact us online.