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January 12, 2022 | Gary Burger

Slip and Fall Premises Liability Cases

You want to investigate the case. You want to get the basic facts. Like in the premises case, you could always find great stuff, the neighbor, the store owner, the employee, the manager. I can’t tell you how many times in premises case, the person slipped and I forget to ask him and then later on they’re saying, “Oh, my son was with me,” or, “Someone else was with me. They saw the ice on the ground,” because whenever the premises case, your client never notices the dangerous condition because if they did they wouldn’t have stepped there, right? “Oh, I never saw the ice.” After you’re on the ground, you’re laying there and then you noticed your clothes are wet, you have salt or it’s cold on the ground, okay? So, you need to know that before.

The other thing is when you’re talking to your client (and you gotta be vigilant about this) is they always ask, “Well, weren’t you looking where you’re going?” And the answer is that, “Yeah, they’re looking where they’re going, but you don’t walk around looking straight in front of you at the ground ,” because if you did, if you walk out there looking for holes, you get run over by that car.