In best-case scenarios, personal injury suits are fairly straightforward. As long as you can demonstrate that you took every possible precaution to prevent the accident and that the other person was at fault, you can usually recover the compensation you need, especially when you have a qualified personal injury lawyer on your side.
However, some personal injury suits are much harder to prove than others are. For example, depending on where your accident happened, you might have a much higher burden of proof. In some cases, you may have assumed a higher degree of risk simply by entering the property where you were injured. As a result, you might not be entitled to compensation.
Still, even when there’s a higher burden of proof, you deserve proper fiscal compensation so you can recover physically and financially. Below, we’ll explain which personal injury suits are more difficult to prove and how, depending on the injury’s circumstances, a personal injury lawyer can help you build a solid case.
Amusement Parks
Just by setting foot in an amusement park, you usually assume a certain amount of risk — after all, you’re intentionally riding dangerous, fast-moving machines that can cause injury even when they’re working correctly.
A personal injury suit will be much harder to pursue if you do anything to violate the clearly stated rules and regulations at an amusement park. For example, if you fail to buckle your seatbelt, intentionally stand on the ride, or enter the ride even though you have underlying conditions like a heart defect, then the park won’t assume liability for your injury.
If an amusement park fails to post its rules or doesn’t fully explain the risks, then you might be able to hold them responsible for resulting injuries. Depending on the state, you can also sue an amusement park for injuries when they fail to properly maintain rides or operate them incorrectly.
Ski Resorts
States with thriving ski industries have passed laws stating victims can’t sue a ski resort for any injuries resulting from skiing’s inherent risks. As a result, most ski resorts post signs explaining that skiing, snowboarding, and other snow sports are inherently dangerous so that you know you’re participating in the sport at your own risk.
For example, if you collide with another skier, trip while skiing, fall off a ski lift, or choose to ride down a trail you know is too difficult for you, then the resort isn’t responsible for your injuries.
You can only sue a ski resort for compensation if you can prove the injury was linked to the resort’s actions, not to an inherent risk.
Restaurants
In most cases of food poisoning, you should recover within a few days without incurring financial problems or long-term injuries. However, exposure to bacteria like E. Coli can have devastating consequences for people who are very old, very young, or have compromised immune systems.
However, proving that a restaurant gave you food poisoning is challenging. For one thing, you need to find other victims to prove that the restaurant’s food was at fault, not something else you consumed during the day. In addition, since food poisoning doesn’t usually set in for a few hours, the restaurant has likely already tossed the contaminated food by the time you realize you may need to file a lawsuit.
You have a higher likelihood of winning a food poisoning case against a restaurant if you have a sample of the contaminated food, visit a medical professional who verifies your food poisoning, or have evidence that the restaurant’s food caused an outbreak.
Of course, in all three areas above, you have a higher chance of winning your case with an experienced personal injury lawyer on your side. If you live in Illinois, contact Randall A. Wolff & Associates, LTD., to schedule your consultation.
