Miss-Information By National Insurance Crime Bureau and CBS News
February 1, 2011
It is easy to distort the law and make it appear that it is something that is not in order to advance one’s political agenda. The article pushed forward by the National Insurance Crime Bureau (and CBS), an organization that is owner and operated by Insurance Industry,
appears to be is saying and wants the reader to believe that the law is something that it is not. The article wants the reader to conclude that it is the defendant’s burden to prove that something did not happen–or that injuries are not real.
In fact, that is fallacy and simply not true.
Under personal negligence law, it is the plaintiff who has the burden of proving that something did happen and that the injuries are related to that event. The defendant needs to do nothing. The defendant has no obligation to put on any proof and/or prove or disprove anything. All the defendant needs to do is to seat back and point out the shortcomings in the plaintiff’s case–a rather easy task.
So when the Insurance Crime bureau comes out and tell you that slip and fall case are turning into an epidemic and poor poor businesses and insurance companies are being taken to the dry cleaners by unscrupulous personal injury lawyers, it is simply a lie.
“It’s extremely difficult to prove,” Sakalares said. “Because the person did fall. Did they get hurt when they fell? Well, how can you prove they didn’t?”
By the same token Sakalares, please notice that is also extremely difficult to prove the fall occurred (many close circuit TV video tapes tend to be erased accidentally by accident soon after an event) and it is further only a doctor has to be able to link injuries to the fall.