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The trip and fall case seems so simple. When a person falls on someone else's property they assume that the insurance company for the property owner will automatically pay them. It's not so simple.
The claimant must first prove that the property owner did something wrong and then that he had actually or constructive notice of the existence of the condition which caused the accident. Constructive notice means that the condition existed for a long enough period that the property owner should have known about the condition and repaired it. The words of art are constantly being reinterpreted by our courts. Every fact pattern has its own unique characteristics, often requiring expert testimony and witness corroboration.
When our office accepts a new slip and fall case we analyze what we need to do in order to prove the case so that it meets the standards of current case law. Often extensive discovery has to take place in order to explore all aspects and key elements of the accident. Sometimes cases can only be proven through the defendants records of testimony. Many times new court decisions are rendered which alter the burden of proof we must sustain. By concentrating staff attorneys in this area of the law who are knowledgeable and experience we often achieve superior results.
It's important to note that only large and well financed law firms have the resources to choose and pay for compelling evidence that best demonstrates applicable case law elements. Slip and Fall cases have been an important integral part of our firm's history and body of knowledge for many generations. We've honed and developed trial techniques as well as talent that have proven to bring these type of tricky and often difficult matters to fruitions verdicts. |