Why Are Slip and Fall Cases Hard to Win?

Slip and fall cases can be challenging to win due to their complex nature. Many people assume these cases are straightforward, yet proving fault requires specific evidence and careful legal strategy.

To win a slip and fall case, victims must prove the property owner knew about the dangerous condition or should have known about it, and failed to fix it. This burden of proof makes these cases more difficult than other types of personal injury claims, as gathering evidence of negligence can be tricky.

Most slip and fall accidents happen quickly, with little warning and few witnesses. The evidence might disappear soon after the incident, such as a wet floor that dries up or ice that melts away. Without clear proof of what caused the fall, victims face an uphill battle in court to show the property owner was at fault.

If you or a loved one was seriously injured in a slip and fall accident, it’s recommended you start working with a personal injury lawyer immediately to give your case the best chance of succeeding. If you are in Florida, contact Landau Law immediately for a free case review to learn how we can help you.

Key reasons why slip and fall cases are difficult to win

Proving fault in slip and fall cases presents several major challenges. Property owners cannot be held responsible for every accident that happens on their property.

The biggest obstacle is often the lack of witnesses. Most falls happen when nobody else is around to see what occurred. Video evidence is rare, which leaves only the victim’s account of events.

Property owners must have known about dangerous conditions to be held liable. A victim needs to prove the owner either knew about the hazard or should have known through proper inspection.

Evidence can disappear quickly in these cases. Wet floors dry up, ice melts, and temporary hazards may be cleaned before they can be documented.

The victim’s own actions come under scrutiny. Insurance companies often argue that people should watch where they’re walking and avoid obvious dangers.

Some states use strict rules about responsibility. If a victim is found even partially at fault for their fall, they might receive reduced compensation or none at all.

Key challenges at a glance:

• No witnesses present
• Limited evidence available
• Proving owner awareness
• Quick disappearance of hazards
• Questions about victim responsibility
• Complex state liability laws

Medical records and injury documentation must clearly link back to the fall incident. This connection isn’t always easy to establish, especially with pre-existing conditions.

To improve the chances of winning a slip and fall case, it’s important to:

Collect evidence right away

• Take clear photos of the accident scene
• Record videos showing hazardous conditions
• Keep any physical evidence like torn clothing
• Save receipts for medical expenses

Record witness information

• Ask witnesses to write down what they saw
• Get names and phone numbers
• Request security camera footage if available

Get medical help fast Taking quick action protects your health and creates important records. Visit a doctor even if injuries seem minor at first.

Keep detailed records Create a file with all accident-related paperwork. Include medical bills, accident reports, and work absence notes.

Track all expenses Save receipts for:

• Medical treatments
• Medications
• Transportation to appointments
• Lost wages from missed work

Talk to a legal expert A qualified attorney knows how to build a strong case. They can deal with insurance companies and protect legal rights.

Follow medical advice Stick to treatment plans and attend all follow-up appointments. This shows the injuries are serious and need proper care.

Be careful what you say Don’t post about the accident on social media. Avoid discussing fault or making statements to insurance companies without legal advice.

Contact the Florida slip and fall lawyers at Landau Law today

The Landau Law Group helps slip and fall victims pursue compensation for their injuries. Our experienced slip and fall attorneys handle premises liability cases throughout Florida.

We offer free, no-risk case evaluations to discuss your legal options. You can reach our office at 866-703-4878 to schedule a free consultation.

Time limits apply to slip and fall claims in Florida. Under state law, victims must file their cases within 2 years of the accident date.

Our legal team can:

• Investigate your accident
• Gather evidence to support your claim
• Handle communications with insurance companies
• Fight for fair compensation for medical bills and lost wages
• Take your case to trial if needed

Don’t wait to get legal help after a slip and fall accident. 

Contact us today to learn how we can assist with your premises liability case.