How to Sue Someone for a Slip and Fall Accident

How To Sue For A Slip And Fall

Slips and falls occur somewhere every day. A trial may be ultimately necessary to determine if the fall was a result of someone's negligence and if so, determine what damages, if any, should be awarded to the plaintiff. Before filing a civil suit, potential plaintiffs need to be thoroughly prepared and knowledgeable about how and where to pursue a lawsuit for damages.

Instructions

How to Sue for a Slip and Fall

1. 

   Was someone careless?

   Determine whether the fall occurred as a result of someone's negligence and why liability should be imposed. A fall that occurs on someone's premises doesn't necessarily mean the owner was negligent. Was there a hidden danger that caused the injury that the property owner should have known about? And if the premises owner did know know about the danger, did he or she warn the accident victim? Is it reasonable to have required that the property owner remove the danger or at least provide adequate warnings to visitors?

2. 

   Determine in which court to file

   Determine in which court to file suit. Typically, the court with jurisdiction to enter a judgment for a slip and fall injury will be in the county where the injury occurred. Most states have small claims courts with authority to render verdicts of limited amounts, and less restrictive requirements pertaining to evidence to be submitted. Dollar limits may range from $5,000 to $25,000 in a small claims court. In the event damages exceed those limits, the victim will need to file a formal pleading in a court with greater latitude regarding the amount of damages to be awarded.

3. 

   Prepare evidence to prove case

   Prepare evidence to be submitted in court. If the plaintiff is to prevail, he or she will need to submit proof that a dangerous condition existed on the premises where the fall occurred and that the defendant (property owner or tenant) failed to correct the dangerous condition or warn the plaintiff about the danger. Plaintiffs must submit proof of medical treatment and resultant bills. If the fall resulted in any lost wages, he or she must also present proof of time lost from work. All damages claimed must be shown to be the direct cause of the fall and the defendant's negligence.

4. 

   Arrange for witness testimony

   Arrange for witnesses to come to court to give their account of the fall and the conditions surrounding it. A medical doctor also will have to give testimony regarding the plaintiff's injuries and that, in his or her opinion, the injuries were a result of the fall. In addition, the doctor will also have to present testimony regarding his or her fees for treatment. In most trials the doctor's testimony is presented by deposition. A deposition is usually taken in the doctor's office with the defense lawyer there to cross-examine the doctor, and a court reporter is present to transcribe the doctor's sworn testimony.

Tips & Warnings

• If you suffer significant injury as a result of a slip and fall, consult a seasoned trial lawyer to act on your behalf. The legal complexities of such a case require the expertise of someone who is trained and experienced in courtroom procedures.

References

• Mike Frayser, Tennessee Attorney
• David Burlison, Tennesse Attorney