A slip (or trip) and fall case is based on a claim that a property owner or manager negligently allowed to exist some dangerous condition that caused an individual to slip or trip. An unexpected slip or trip and fall may cause someone to sustain serious injuries, which can in turn cause occupational disability, pain and suffering, and loss of ability to enjoy life and perform regular activities.

Establishing liability in a slip and fall case requires the plaintiff to prove that the responsible party had notice of the dangerous condition and failed to take reasonable steps to correct it. Actual notice is not necessary; if the responsible party should have known about the dangerous condition, for example in the course of regular inspection, then the notice requirement is satisfied.

A defense that frequently arises in slip or trip and fall cases is contributory negligence, which acts as a complete bar to recovery in Maryland, Virginia and the District of Columbia. The plaintiff is not required to establish that he or she was not contributorily negligent; the burden of proving that a plaintiff failed to exercise due care for his or her own safety rests with the defense.

One who has been injured from a slip or trip and fall as a result of a suspected dangerous condition is advised to consult promptly with an experienced attorney in this area. It is important to accurately describe the incident to an investigator or insurance adjuster, and to avoid making statements that could unfairly be used to suggest carelessness on the part of the injured person. In addition, timely investigation of an event helps to document the dangerous condition and to speak with relevant witnesses while memory is still fresh.

We have abundant experience in representing individuals and their families in this area of the law. Contact us for a free no-obligation consultation.