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Elements of a Slip & Fall Lawsuit

slip and fallAccidents 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.

First, your 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 202-888-0872.