This is the next post in our series on handling Rochester, Minnesota slip and fall cases. Our last article discussed the use of experts in a premises liability case. Expert witnesses can be crucial to proving liability in these matters. Without expert testimony, it can be difficult for a victim to establish that the premises operator failed in its responsibilities. It is vital to retain a personal injury attorney with the financial resources necessary to hire such experts or else run the risk of your case being mishandled. In this article we discuss the process of litigating a trial in these types of cases. If you require assistance, contact our office today to speak with a lawyer.
We previously discussed the trial process in Rochester car accidents. The same general procedures apply as well to premises liability cases. After a jury is selected, opening statements are made by the attorneys for the plaintiff and the defendant(s). Plaintiff’s counsel presents evidence and witnesses and the defense follows. The plaintiff’s attorney may then present “rebuttal” evidence directly addressing claims made by the defense in its presentation of its witnesses and evidence. When all the evidence has been presented by each side, each then makes a closing argument. The jury then deliberates and issues its verdict. The rules of evidence are strictly enforced during trial and plaintiff’s attorneys must be experienced in understanding and responding to the rules as matters come up.
While no two cases are alike, a common defense theme in premises liability cases is to argue that the fall was the plaintiff’s fault. The defense typically claims that the victim was not paying attention to her surroundings or that she engaged in some other form of negligent conduct that actually caused her injury. Plaintiff’s attorneys must present the case in a fashion that demonstrates that the victim was acting as any other person would in the given situation. If, in fact, the victim was also negligent, her attorney must persuade the jury that the defendant bears a greater share of the responsibility. Because the circumstances surrounding premises liability cases vary so widely, your lawyer needs to thoroughly understand the facts of your matter. Our Rochester slip and fall lawyers have handled many such cases and made several recoveries in excess of $1 million.
Besides Rochester, we serve the following major southeast Minnesota cities: Red Wing, Winona, Mankato, Austin, Albert Lea, and Owatonna, and all outlying communities, as well as the cities of Minneapolis, St. Paul, Duluth, and Bloomington. We also serve the Iowa cities of Mason City, Charles City, Osage, Spencer, Garner, Forest City, and Northwood and the Wisconsin cities of La Crosse, Onalaska, Sparta, Viroqua, River Falls, Ellsworth, Whitehall, and Black River Falls.