We at the Law Offices of Dean Petrulakis have heard every rumor you can imagine about personal injury litigation, and one of the most common ones that we hear is that slip and fall accident claims are extremely prevalent because they are easy to prove. People often grumble about how opportunists regularly defraud companies with fake claims, but we figured this would be a good opportunity to clear the record. This is simply not true.
The truth is that slip and fall accidents are not easy to prove, and without enough evidence a plaintiff will often lose the case. While this might sound surprising, slip and fall accidents are some of the most challenging ones to win and in the case of fraudsters, hardly make for a reliable payout.
Why These Types of Claims Are Difficult to Prove
Remember, personal injury cases rely on a plaintiff’s ability to prove that the defendant engaged in negligence and failed to provide an owed duty of care to the plaintiff. This can get tricky when you consider the nature of the accident. For example, cases involving vehicular accidents often involve evidence such as police reports, trucking logs, mileage reports, and eyewitness reports. But in slip and fall accidents, first-hand accounts are the primary form of evidence. The best case scenarios involve camera footage, which in our experience still does not necessarily prove a deliberately failed duty of care.
One way that property owners often defend themselves is by arguing that while they are responsible for the premises, they either had no knowledge of the hazard at the time of the accident, or not enough time had passed for them to have been reasonably expected to have addressed the issue. Needless to say, these types of cases can get complicated quickly, and those looking to recoup their damages cannot afford to proceed without qualified legal representation.
A Personal Injury Attorney Can Help You Secure What You Deserve
Don’t rely on common myths and tall tales when it comes to personal injury litigation and other related matters in California. If you need to speak with a qualified personal injury attorney, we invite to call us at the Law Offices of Dean Petrulakis to schedule a free initial consultation.