The Qualities to Look for When Retaining an Attorney for a Slip and Fall Case
Interviewer: What should people be looking for when retaining an attorney for a slip and fall? What are some red flags?
Richard Sailer: You should definitely find an attorney who has experience in that in slip and falls. There are a lot of attorneys that do personal injury cases— auto accidents primarily. However, when you’re dealing with a premises liability case, make sure you get someone who has handled premises liability cases. You should retain someone who understands the law in that particular area, who understands the notice requirements, and understands what’s necessary to establish a dangerous condition.
A Credible Attorney Will Never Guarantee an Outcome in a Premises Liability Case
Interviewer: Is there any guarantee in the outcome of a premises liability case?
Richard Sailer: Guarantees are probably made but not by anybody who’s honest, ethical, or has any integrity. Anything can happen until a case is thoroughly researched and investigated. Even at that point, we hear about crazy things that happen in front of a jury. I would say there isn’t any guarantee in the outcome of a premises liability case.
Speculating on the Outcome of a Case Based on Another is Inadvisable
Interviewer: Would I win a slip and fall case if the circumstances were the same as a friend that won their slip and fall case?
Richard Sailer: There are no two identical scenarios. However, if both cases were factually identical, then I imagine you would have a good chance at winning your case. The thing that’s not taken into consideration would be the injuries. Since we’re all different, what may have caused you an injury and may not have caused injury to your friend. Your friend may have required surgery and you would have healed without it. Therefore, I think it would be impossible to speculate like that.
It is Very Difficult to Find Your Landlord Liable for Injuries if You Were Injured Inside of Your Residential Unit
Interviewer: Is my landlord going to be liable for the injury if they knew about my slip and fall?
Richard Sailer: Unless you could show some sort of defect occurring from outside, I think you’d have a very difficult case if the injury occurred inside your own unit. A case in which we have been successful on an indoor slip and fall is when an upstairs tenant has a plumbing issue which has caused a leak to come through the ceiling. I’ve had cases a couple of years ago where a person had gotten up in the middle of the night to go get a glass of water and slipped and fell in their kitchen. This situation happened because the upstairs tenant had a broken pipe which leaked water through the ceiling. Thus, we were able to pursue a case against the property owner for the negligence maintenance of the pipes up above. However, that’s a rare circumstance. The cases that that are more viable involve stairways, parking lots, cracks in sidewalks, and things on the exterior of the property.