Posted on Friday, August 2nd, 2019 at 10:47 pm
Our Sacramento slip and fall attorney recommends that you consult with a lawyer after any accident. While we believe it is always best to talk to an attorney after a slip and fall, we strongly encourage you to seek legal advice if:
- You sustained serious injuries because of the fall;
- Your injuries result in a permanent impairment or disability;
- The property owner or its insurance provider denies liability for the accident;
- The property owner or its insurance provider attempt to blame you for what happened;
- Your injury occurred on property owned by a government entity; and,
- You incur substantial financial expenses and losses, including medical bills and loss of income.
Because our law firm offers a free consultation, you have nothing to lose by talking to one of our Sacramento slip and fall lawyers.
Why Slip and Fall Accidents Can Be Difficult to Prove?
Slip and fall accidents fall within the area of premises liability law. To recover money for your claim, you must prove all legal elements of a premises liability case. The general legal elements of a premises liability claim are:
- The property owner owed a duty of care;
- The owner breached the duty of care;
- The breach was the cause of your fall; and,
- You sustained injuries and damages because of the accident.
Proving that the property owner owed a duty of care is usually not difficult if you had a right to be on the property. Proving that the fall caused your injuries is typically a matter of obtaining medical records and securing expert testimony from a medical provider. However, proving that the owner breached the duty of care and the breach caused your injury can be difficult.
Property owners have a duty of care to provide safe premises. However, they cannot be held responsible for everything that occurs on the property. The owner must have “known or should have known” about the dangerous condition and failed to correct the condition. Proving that a property owner knew or should have known may be tricky. Additionally, proving that the condition caused your fall may be challenging.
On your own, you may not have the resources and skills to investigate a slip and fall accident. An attorney who routinely handles premises liability claims understands how to investigate the accident. The attorney may utilize one or more professionals to assist with the investigation. He may also utilize experts to help prove how the accident occurred and how you were injured as a result of the accident. Attorneys and professional investigators know how where to search for evidence that can help prove fault and liability.
Should I Hire a Sacramento Slip and Fall Attorney?
Some slip and fall claims can be settled without an attorney. If we meet with you and believe that you do not need an attorney, we will tell you. Our law firm believes that the client’s best interest is the top priority. Therefore, if hiring an attorney is unnecessary, we will tell you. However, we urge you to assume that you need an attorney until you are advised otherwise.
Contact a Sacramento slip and fall attorney for a free consultation by calling The Tiemann Law Firm at (916) 999-9000 or by visiting our website.