Premise liability is the term that is commonly used when there is a case of slip and fall. It is a legal term used to indicate the responsibility of the owner to ensure that their property is free from dangers and safe for visitors. If the premise liability is overlooked and someone happens to get injured, the party has a right to file a claim against the owner for damages incurred.
Every case is different, but the basic steps involved are the same. Below is a brief discussion on the various steps involved in the timeline of slip and fall cases.
• A Complaint Is Filed
Your slip and fall attorneys will prepare a document that explains your claim. It will consist of a summary of parties involved, the accused, the event, and a plea for damages. It usually takes 20 days.
• The Defendant Responds
The response given by the accused is called the answer. This consists of the response which may either admit or deny your accusations. The standard time involved is 20 days.
• The Discovery
In the “discovery,” the attorneys on both sides will try and find out as many details of the event as possible. This involves questioning, the examination of evidence, witnesses, and documents. It could take a couple of years.
• Pre-Trial Motions Are Filed
Pre-trial motions are attempts to resolve the problem. This includes a Motion to Dismiss where the defendant tries to bring the lawsuit to an end based on technicality. Besides, the Motion to Compel is employed when one party tries to get an order from the other party to attempt something they do not want to commit to. An example includes deposition. The final motion is Motion for Summary Judgment. Under this, either party can ask for a final judgment if they think there are no adequate facts to support the claims.
• Mediation Occurs
This is an attempt to settle a lawsuit through a settlement conference or mediation in a trial. It happens right after the discovery phase.
• The Trial
In case the settlement conferences or the mediation does not reach an agreeable conclusion for both parties, the case proceeds to the trial docket. It usually lasts between 2 and 5 days depending on the complications of the case.
• The Verdict and Judgment
After the trial, there is a judgment. If you are the winning party, you will receive monetary compensation. The defendant will have to produce the amount judged within 30 to 60 days.