I was able to resolve a case last week involving a slip and fall on ice near the entryway of a convenience store last week. These are difficult cases in Alaska with our winter conditions with the defense always arguing that, if ice was present, the accident victim must not have been paying proper attention.
In this case, I believe the following facts were important in persuading the defense to resolve the case rather than go to trial.
The slip/fall was immediately reported.
There was immediate medical treatment.
A witness confirmed the presence of an ice patch.
The convenience store's former employee was located in North Carolina
and also confirmed the presence of ice.
The convenience store had not followed internal procedures regarding
inspection of the outside sidewalks and sanding/salting.
While the facts of each case is different, clients have to play their hand smartly.