Myths about slip and fall claims reviewed, Part 2
Premises liability refers to the class of cases in which liability arises because a person incurred an injury on the premises of another. Unfortunately, premises liability is subject to a variety of misconceptions and myths. A previous post sought to dispel those myths. This post will continue addressing and the dismissing the rest of the typical misconceptions.
A common myth is that you can only sue for physical injuries. For example, it makes intuitive sense that you can recover for your medical bills and lost work due to the injury however for emotional or social losses; it becomes more complicated. But, consider the following example. Bill slips and falls, injures his back which causes nerve damage and impedes his ability to have relations with his significant other. In that scenario, Bill may sue for his physical damage as well as the loss of companionship with his significant other (his spouse may also have a claim for loss of companionship).
Many people are also dissuaded because they believe the defense holds all of the evidence and therefore all of the cards. There are two issues with this myth. First, there is plenty of physical evidence on you from the fall, most notably your injuries.
Second, while the defense may hold the evidence, they cannot withhold from you. You are permitted to submit discovery requests to produce the evidence. But you may wonder, why doesn't the defense "lose" the evidence. The simple answer is that it is illegal, but the most complex response is that it is easy to destroy evidence however it is harder to destroy evidence that evidence ever existed. For example, if you fall in a store, there is most likely going to be security camera footage. The store could delete the footage, but it is harder to delete the fact that cameras exist and that they record.
Slip and falls may sound like a silly area of law, however, many people are seriously injured because they suffered a "bad fall." You should not feel silly or shamed out of pursuing compensation for your injuries. If you fell due to inadequate lighting, negligent maintenance or any of the other innumerable reasons that cause falls, then you should contact a lawyer to review your rights to compensation. An attorney can help you receive damages to cover your medical expenses and future health care costs.