If you’ve been injured in a slip-and-fall accident, you may be considering taking your case to court. However, there are certain factors that the court will consider when deciding whether or not to hear your case. Understanding these factors can help ensure that your case makes it to court. To get a better understanding, you may also get in touch with Varner Faddis Elite Legal today. This article will explain six reasons why a court might dismiss your slip and fall accident case.
Lack of Evidence
The court is going to want evidence that you were injured due to someone else’s negligence. Without proof, such as medical records or eyewitness accounts, it may be difficult for the court to decide in your favour. Therefore, it is important to make sure that you have gathered enough evidence before filing a lawsuit against the responsible party.
The Wrongdoer is Not Liable
For the court to rule in your favour, they must determine that the responsible party was liable for your injury. If they find that the other party is not at fault, then the court will likely dismiss your case.
For example, if you slipped on a wet floor, but there were prominent warnings highlighting the issue, the case will be dismissed from the courts. The owner or the building management clearly warned the public, but you failed to pay attention to the signs.
Statute of Limitations
In most states, there is a statute of limitations for filing a personal injury lawsuit; if too much time has passed since the incident occurred, then your claim may be dismissed by the court because it has become time-barred under applicable law.
Therefore, it is important to consult with an attorney as soon as possible after an injury occurs to ascertain how long you have before you must file a lawsuit or risk having it dismissed by the court due to an expired statute of limitations.
Modified Comparative Negligence
Even if both parties were negligent (e.g., both parties failed to use reasonable care), only one person can be found liable in most cases unless modified comparative negligence applies (i.e., both parties are equally at fault).
Thus, if the other party can prove that you were partly negligent (e.g., by not paying attention while walking), then they may be able to escape liability altogether and have your claim dismissed by the court due to modified comparative negligence laws in their state of residence or place of business where the injury took place.
No Damages Incurred
Even if all other elements are satisfied (i.e., liability is established and statute of limitations is observed), if there are no damages incurred by the victim, the jury, or judge, then this could result in the dismissal of your case because damages are necessary for any successful personal injury claim under civil law statutes throughout United States jurisdictions.
Finally, if there is no injury as a result of the slip and fall accident, then your case will be dismissed by the court because, in many states, an intentional or careless act that does not result in any physical harm cannot be considered reckless or willful negligence on the part of another party.
There are many reasons why a slip and fall accident case may be dismissed by a court; understanding these reasons can help ensure that yours does not become one of them. If you have been injured in a slip and fall accident and are considering filing a claim, be sure to consult with an experienced personal injury attorney who can advise you on all of the important factors that could affect your case.