The first reason is that, more often than not, you’re dealing with a public entity, with all of the legal hurdles that entails (i.e., sovereign immunity, etc.).The second reason is that you have to prove the defendant had actual or constructive knowledge of the defect. That means the defendant was either informed of the actual flaw or that the defect existed for such a length of time the defendant, in using reasonable care, should have learned about it.
Although we don’t tend to think of trip-and-fall negligence cases as requiring an expert witness as we would for, say, a medical malpractice lawsuit, it’s something that may need to be considered. Continue reading