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Overcoming the Stigma and Bias Associated with Slip and Fall Cases

Posted by: James Gitkin
January 06, 2009
Topic: Slip and Fall/Trip and Fall

Let's face it, the phrases 'slip and fall' and 'trip and fall' often do not evoke positive reactions from most people.  When I have interviewed potential jurors before jury trials, bringing up these terms have brought out some very negative associations with flamboyant attorney adverstising, money hungry clients, and manufactured cases.  It's a shame that some attorney adverstising and tort reform rhetoric has conditioned many people to assume that someone injured in a slip and fall accident, and the attorney representing the injured person, are simply working the system to make money.  As a Fort Lauderdale-based attorney representing people who have been injured in all types of accidents, I have handled slip and fall and trip and fall cases that have been due to real negligence, causing very serious injuries.  Many of these cases have involved inaction to fix deficient conditions (i.e. leaking roofs that should have been fixed months before the accident) and have resulted in the type of injuries that require surgical intervention, physical therapy, and permanent impairment.

The most important step in overcoming the biases associated with slip and fall/trip and fall cases is the selection of an experienced attorney who has actually litigated and tried these cases.  Right from the get-go, insurance adjusters (who also have biases about these cases) will recognize that a reputable lawyer and law firm is handling the case, which may actually alleviate the need to even file a lawsuit.  Should the case have to proceed to litigation, an experienced attorney will have the skill set and knowledge to overcome perceptions that the injured person must have been clumsy or somehow caused themselves to fall; and, the attorney will know how to appropriately bolster the liability portion of the case through discovery requests, depositions and preservation of evidence.  Ultimately, if the case has to be tried, the seasoned injury trial lawyer will have the ability to deconstruct these stigmas and biases during jury selection, opening statement and closing argument by illuminating the facts of the case for the juror who is stuck on generic perceptions.

Overall, I have seen regular people devasted by the effects of slip and fall and trip and fall accidents.  Many of the people who contact me after these accidents say the same thing, 'I never believed in injury lawsuits or thought I would hire an injury attorney until this accident happened.'  To made whole after accidents of this nature, it is critical to hire an attorney who will handle the case with dilligence and an eye towards a trial presentation from day one.  Doing so could make the difference in terms of getting a recovery that gets you back on your feet.

 


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