No, but the reality of most slip and fall cases is that you will have a difficult time recovering all of your damages.
Slip and fall cases are some of the most difficult cases that any personal injury law firm will handle. In fact, many attorneys who call themselves plaintiffs’ person injury lawyers refrain from taking slip and fall cases. The reason is that almost every slip and fall case is going to involve a serious dispute about who was at fault. In general, the more dangerous the situation in the store is, the more obvious it should be to the store — but ALSO to the patron.
In most slip and fall cases the defense make the very common sense argument that the injured plaintiff had a responsiblity to “watch where she was going and to be aware of her surrounding. In our experience, this argument resonates very effectively with jurors. This has a directly proportional relationship to the amount of money that the case is generally worth.