Accidents happen and they can occur at any time and in any place, but some
of them are avoidable and due to the fault of someone else. For
slip and fall cases, there are some key elements that must be addressed to establish
liability and prove that the property owner is responsible for your injuries.
personal injury attorney must establish that there was a duty on the part of the individual
who owns, controls, or operates the property to ensure that it was properly
maintained and safe. The manager and owner of a property are not always
one and the same, so this can sometimes present a challenge in a slip
and fall lawsuit.
Second, it is crucial to prove that the defendant knew or should have known
about the hazard that caused your injuries. Did the defendant follow industry
practices, or were there cut corners and ignored regulations? Proving
this element will often involve the testimony of experts who have an understanding
of preventative procedures and industry standards. If regular inspections
were not performed, that is not an excuse for being unaware of a safety hazard.
Third, although it may seem obvious, it must still be proven that a dangerous
condition existed and that it was not simply a minor defect, such as normal
wear and tear. In addition to proving that dangerous conditions existed,
it must also be proven that the premises were also used as intended.
Lastly, it must be proven that the injuries you sustained were a direct
result of the dangerous conditions that existed on the defendant’s
premises. This may sometimes be a difficult element to prove since injuries
do not always appear serious at first, and the effects of an injury can
take time to emerge. For this reason, it is best not to assume that an
injury is minor and to seek medical attention to document it.
At Simeone & Miller, LLP, our team of Washington, DC personal injury
lawyers have an impressive track record of awards for a variety of injuries
that occurred as a result of improperly maintained facilities. These cases
can be complex, which is why it is important to seek skilled representation
that can provide the best possible outcome. We will fight to protect your
rights and aggressively pursue your claims. Call us today for a free consultation at