Trials in Slip and Fall Cases
Slip and fall accidents are some of the most common causes of bodily injuries, and can arise out of a variety of circumstances. A person injured in a slip in fall accident may pursue claims against the property owner where the fall occurred. If the owner disputes liability for the accident, the parties may have to resolve the claim at trial. Accordingly, persons injured in premises liability accidents should consider retaining an aggressive attorney to advocate on their behalf. If you were injured in an accident, the Cape Cod slip and fall accident lawyers at the Law Offices of John C. Manoog, III, are prepared to gather the evidence needed to assert liability and damages in your case. Our attorneys have over fifteen decades of joint experience helping injured parties seek damages, including in trials in slip and fall cases, and we have recovered numerous multimillion-dollar verdicts and settlements for our clients.Proving Liability at Trial in Slip and Fall Cases
At trial, a plaintiff who suffered injuries in a slip and fall accident must prove that the defendant caused his or her harm. Typically, this requires the plaintiff to convince a judge or jury that the defendant was negligent. In other words, the plaintiff must produce evidence that the defendant owed the plaintiff a duty, but that the defendant breached the duty, and that the breach caused the plaintiff to suffer measurable harm.
In Massachusetts, property owners have a duty to ensure that their property is reasonably safe to reduce the risk that people entering the property will suffer harm. As such, a plaintiff in a trial for a slip and fall case usually must produce evidence that his or her fall was caused by a dangerous condition that existed on the property where the fall occurred and that the defendant knew of the condition, or reasonably should have known of the condition. In some instances, however, the plaintiff does not have to prove that the defendant was aware of the condition if the condition is considered a reasonably foreseeable result of the mode of operation of the business on the property.
Often, proving a dangerous condition caused the plaintiff to fall presents a challenge, as many of the conditions that cause falls, such as snow, ice, debris, or liquids, are removed immediately after the fall. Thus, a plaintiff may have to rely on eyewitness testimony, and any available surveillance videos or photos to prove that a dangerous condition existed.Establishing Damages at Trial in Slip and Fall Cases
In addition to producing evidence of liability, a plaintiff must provide evidence of his or her damages at trial. Typically, this will include documentation of the cost of any medical treatment needed for the slip and fall injuries, and any out of pocket expenses. The plaintiff may also call experts to testify regarding the extent of the plaintiff’s harm, any medical treatment the plaintiff may need in the future and, if the plaintiff could not work, testimony demonstrating the loss of income the plaintiff suffered. Often, the plaintiff and his or her family members will testify regarding the suffering and pain the plaintiff endured due to the accident as well.Discuss Your Accident with a Personal Injury Attorney in Cape Cod
While many parties to a slip and fall injury claim reach an early settlement, some proceed to trial. An experienced personal injury lawyer can provide the counsel and guidance you need in order to protect your rights. If you were injured in a slip and fall accident, the dedicated attorneys of the Law Offices of John C. Manoog, III, can seek compensation from the responsible parties to aid in your recovery. Our skillful advocacy has enabled us to maintain a record of favorable verdicts and settlements, including many in excess of one million dollars. We regularly assist parties in Cape Cod, and we can meet for consultations in Plymouth or Hyannis. We can be reached at 888.262.6664 or via the form online to set up a meeting. Nós Falamos Português.