Slip And Fall Attorney And Motions For Summary Judgment

When a case is ready to go to trial, a slip and fall attorney understands that there

is a chance that the property owner's lawyer will put in a motion of summary judgment. When this happens, everything is at risk. To avoid this type of situation, it is important to build a strong case and make sure that there is plenty of evidence to support the claim.

What is a Motion for Summary Judgment?

A slip and fall attorney tends to worry about a motion for summary judgment because it can make an entire case disappear in an instant. The property owner's lawyer requests that the judge look at all of the evidence and make a decision, as there is nothing for the jury to actually decide on. It implies that there is no reason for the case to go on. Usually, if a store can show that they have a pattern of regular inspections and the incident just happened to fall in between an employee checking on the area, a judge will often toss out the case.

How can It be Prevented?

To prevent a motion for summary judgment, a slip and fall attorney must make sure that he or she has all of the evidence necessary to prove the case. Evidence collection is a critical step in the process. By retaining a lawyer as soon as possible, a client gives his or her legal counsel the opportunity to begin researching right away. It begins with operational records from the location. It is necessary to find out how inspections are set up and who was responsible for checking the area. After that, any videos available should be examined to see the specific area of the incident. The goal is to see how long the problem was there, how long it took someone to come along, and exactly what happened to the client.

Depositions are also an effective tool. An investigator is sent out to talk with all of the people involved with the incident. Employees are asked questions about the inspection process and the procedures for cleaning up any type of problems. The manager and owner of the location are also interviewed, along with the slip and fall attorney's client. This should provide plenty of information to help a judge and a jury understand that there is enough evidence to proceed with the case.

In order to have the best chances of avoiding a motion for summary judgment, victims should seek out the help of a slip and fall attorney as soon as possible. This gives him or her plenty of time to collect the evidence and prepare a strong case.

by: Abraham Avotina

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