To prove a slip and fall case, you must show that another party or entity was negligent and did not address a dangerous condition that caused an unreasonable risk for others.
Winning After a Slip and Fall Injury
To prove a slip and fall case, you must show that another party or entity was negligent and did not address a dangerous condition that caused an unreasonable risk for others. The property owner is negligent if they did not attend to the risky situation and fix it before the injury occurred.
How Do I Prove That the Dangerous Condition Caused My Injury?
After a nasty fall, it is vital to show that your injuries were due to the accident. You should go to the emergency room or a physician’s office to have your injuries evaluated as soon as possible. This document verifies that the damage exists and directly correlates with the incident.
Was the Dangerous Condition Obvious to the Owner?
Proving the property owner is aware of a dangerous condition is critical in a slip and fall accident. But, how do you do that? Some ways to establish the owner knew or should have known the dangerous condition existed are:
- Your lawyer or investigators will check to see if similar incidents have occurred in the past. If they did, this means the unsafe condition existed for some time, people were injured because of it and the property owner did nothing to fix it.
- An employee or bystander may acknowledge that the dangerous condition existed for some time. Your lawyer will ask if they are willing to document or testify to this.
- Copies of surveillance camera footage can be used to prove the unsafe condition existed before the slip and fall. Your lawyer will be able to obtain not only the footage from the day the accident happened but for previous days, weeks or months also.
This evidence helps prove the owner knew or should have known the condition existed. It is critical to establish that the owner failed in their duty to provide a safe environment, whether it is a commercial enterprise, a government building or a private residence.
Statute of Limitations in Slip and Fall Claims
In Washington, D.C., an injured person has a deadline to file a lawsuit against a negligent party. In the District, you have three years from the date the accident happened. If the claim is filed beyond this deadline, it will not be heard in court. Because it is important to file before the clock runs out, having a personal injury lawyer is essential. Your attorney will ensure that all documents are filed correctly and on time.
Plaintiff Unfriendly Contributory Negligence Rule in a Slip and Fall
Contributory negligence, which is recognized in Washington, D.C., is an argument used by the defendant to dismiss their liability in an accident. Using this rule, the court will not impose liability and its penalties if the plaintiff (the injured party) did anything to cause the accident. An example of the defendant’s argument may be that the plaintiff was not looking where they were walking and slipped. It is necessary for the defendant to prove the plaintiff’s actions caused their injuries.
When a defendant tries to evade liability using this argument, it is necessary to have a strong case showing that the property owner was negligent and liable.
Roeser Law Firm
If you slipped and fell on a commercial property, in a government building or park, or in a private residence, you may have the right to file a personal injury claim. Call the Roeser Law Firm at (202) 660-4070 or contact us online to schedule a free case review. You owe us nothing until you win your case.
