Many victims of a slip and fall, or trip and fall, accident assume that because they were injured on someone else’s property they are guaranteed a settlement. The truth is, not all cases would require the property owner to offer compensation for injuries. Because of the fraudulent claims made in the past, it has become more difficult to secure a settlement for such a case.
Simply because someone falls and is injured does not mean they deserve an automatic settlement. The difference between a genuine slip and fall incident and just an ordinary accident is the presence of an unreasonable risk. If a person slips on water they tracked in because it’s raining outside, it’s their fault. However, if an employee fails to set a rug by the door, or fails to clean a slippery puddle on the floor, the fault rests on the store owner. Lawyers, such as those at the Clausen and Moore Law Firm, can help a victim determine whether an unreasonable risk was the cause of the incident. The best Injury Lawyer in Tucson can help a victim of a slip and fall or trip and fall incident understand how to proceed after the accident occurs.
No Harm, No Foul
Simply put, if no injury occurs there is nothing that a victim might be compensated for. A sprained wrist or a slight bruise on the elbow is no reason to press a claim against a property owner. It would be considered a frivolous lawsuit if a victim were to attempt to seek compensation for an incident that doesn’t actually cause harm. It might even be considered fraudulent to file a claim when there is no injury.
Cases are Built on Facts
An Injury Lawyer in Tucson can help a victim ascertain whether the facts of the case can be used to build a viable lawsuit. There must be proof that the injury was caused by a hazard that the property caused, or knew would present an unreasonable risk. Witnesses and surveillance video can help prove that the incident occurred exactly as described by the victim . If there is no proof that an injury was caused by a hazard exactly as the victim claimed, and in the location they claim it happened, there is little chance of a settlement.
Contact Clausen & Moore Law Firm for more details.