Injury cases where people fall on ice can be tough, especially when it is hard to prove the existence of ice. An unfortunate fall on ice for a client recently resulted in a $250,000 recovery for our client, partially because the client obtained photos of the icy area after the fall. The owner of the commercial property would not respond to the client’s request to accept responsibility for the dangerous condition on the property. The attorneys at Muchnick Haber Margolis helped the client obtain a substantial settlement at mediation after litigating the case.
This case indicates how important it can be for clients to take photos of conditions that cause them to trip, slip or fall. While it is not required to have visual proof of a dangerous condition, it can certainly help with a case. Through our many years of experience, we handled lots of cases for people who fall on ice or slick materials. If you are injured on a business property or commercial property, you generally have to show that owner or entity in control of the property knew or by using ordinary care, could have known of a dangerous condition and failed to remove, barricade, or warn of the dangerous condition. If you fall at a private residence, you often have to show that the owner or person in control of the property knew of the dangerous condition.