LF Martin LLC

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Where Fall Injury Claims Break

The Discovery That Decides the Case — for the Plaintiff or the Defense

A fall injury claim is almost never won on the fall itself. It is won on the record that surrounds it — the surveillance video, the inspection and cleaning logs, the fall-protection plan and its enforcement, the equipment, the training files, and the OSHA inspection package. Each of those records is a potential strength and a potential weak point, and each is obtained, or lost, in discovery. This paper maps the technical weak points in fall claims, the specific items each side should demand from the other, and the documented cases where the outcome turned on what discovery produced — or on what a party failed to preserve.

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