Do I Have A Slip and Fall Case?
What Do I Need to Prove my Case?
In every slip and fall case, we must prove a number of things.
The first thing we have to prove is what the law calls liability. Liability means that the person occupying the property committed a careless act or failed to act responsibly We can prove liability in a number of ways including eyewitness testimony, pictures and by using expert witnesses. Oftentimes we need to hire an expert architect or engineer to prove liability – prove that the property owner caused the slip and fall.
We also have to prove that you have what the law calls damages. Damages are harms and losses – both tangible and intangible. There are financial harms (past and future lost income, past and future medical costs), pain and suffering and emotional damages. We can prove damages with documents and witness testimony showing the lost income and the medical bills. We can prove the pain and suffering by testimony of witnesses and showing the jury the actual pain and suffering you endure. We can prove emotional damages from the testimony of expert witnesses such as psychologists and psychiatrists.
We also have to prove what the law calls causation. Causation simply means that the defect in the premises caused you to slip and fall and caused injuries. Oftentimes insurance companies will claim that some other reason apart from the slip and fall caused your damages. The insurance companies will claim that you were hurt but not nearly as much as you are claiming. The insurance companies will also argue that you knew or should have known about the danger that caused you to slip and fall and the property owner is not responsible. Our job, as your Salt Lake City slip and fall attorney, is to show the jury the link between the slip and fall and your injuries. We do this through witness testimony and documents. Sometimes we hire experts to prove that the slip and fall caused your injuries.
This is all we need to determine if you have a slip and fall case. We have to prove that the other person caused the circumstances that made you slip and fall (liability), that you suffered real harms and losses (damages) and that the slip and fall caused your damages (causation). That might be all we need to prove but in order to have a successful slip and fall case there is one more very important thing you need.
The person who is responsible for the slip and fall must have money to pay. That usually means that the person causing the slip and fall has good insurance coverage. However, even if the person causing the slip and fall does not have insurance coverage, you might still have a good case. Even if there is no insurance coverage a good slip and fall attorney will have the means to investigate to see if the person who caused the slip and fall has any assets that might be seized to make payment.
Bottom Line: If you can prove all of the above you have a great case but you will probably need an attorney to get the full value of your claim.
George Tait Law is a law firm and its lawyers represent injured people and their families across Utah including the counties and cities of Beaver, Box Elder, Cache, Carbon, Daggett, Davis, Duchesne, Emery, Garfield, Grand, Iron, Juab, Kane, Millard, Morgan, Piute, Rich, Salt Lake, San Juan, Sanpete, Sevier, Summit, Tooele, Uintah, Utah, Wasatch, Washington, Wayne, Weber, American Fork, Beaver, Bountiful, Brigham City, Cedar City, Delta, Draper, Duchesne, Fillmore, Heber, Kamas, Kanab, Kaysville, Layton, Lehi, Logan, Moab, Murray, Nephi, Ogden, Orem, Park City, Price, Provo, Richfield, Riverton, Roy, Salt Lake City, Sandy, South Jordan, St. George, Tooele, Vernal, West Jordan, and West Valley City. George Tait Law and its attorneys are licensed to practice law only in the State of Utah and maintain offices in Salt Lake City, Utah. No attorney client relationship is established by simply visiting this website.