What Funders Want to See
- Incident report. Filed at the time, with witness names if any.
- Photos. Of the hazard, the conditions, and your injuries.
- Notice evidence. Maintenance logs, prior complaints, or surveillance showing how long the hazard existed.
- Medical documentation. Treatment records tied to the incident.
Strong vs. Weak Cases
Strong: Commercial property, documented notice of hazard, serious injury, clear breach of safety standards.
Weak: Open-and-obvious hazards, no incident report, gaps in medical treatment, prior similar injuries.
Comparative Fault
Premises cases often involve disputed apportionment of fault. In most states recovery is reduced proportionally; in a handful (like North Carolina), contributory negligence can bar recovery entirely. Underwriters factor this in.
Typical Timeline
12–24 months is normal. Cases against well-insured commercial defendants tend to settle faster than those against small landlords. See PI timelines.
Sources & Further Reading
For broader context, see Occupational Safety and Health Administration — slip and fall prevention. This article is general educational information and does not constitute legal or financial advice.
Frequently Asked Questions
Sometimes — if the homeowner has insurance and there's clear negligence. Apartment and rental cases are more straightforward.
Yes, though 'natural accumulation' rules in northern states require specific evidence about timing and reasonable response.