Slip And Fall And Defective Conditions On Property
As you can see from the Verdicts and Settlement page on this website, slip and fall and other cases involving “defective” or “dangerous” conditions existing on real property make up a large part of Attorney Pitcaithley’s personal injury practice. “Slip and fall” cases generally involve a circumstance where the unsuspecting victim encounters a latent or hard to see dangerous condition, such as a flooring surface with standing water or some other liquid on it, or poorly constructed or maintained cement or block walls, stairwell, stairs, or parking lots (where tire stops are built but poorly lighted or color highlighted). Another fall hazard involves sidewalks and curbs that are defective due to poor design or overgrowth of plants and trees; another common hazard involves hard to see or nearly invisible wire fences with no flags or other warnings. There are other cases involving an attractive nuisance such as a neighbor’s swimming pool that is not properly fenced or protected from access by young children unable to swim.
Again, there is no substitute for experience in the handling of these premise liability cases. An experienced lawyer knows these claims are challenging because, often, there are no witnesses to the incident other than the injured victim. The insurance defense industry typically contends the victim is responsible for his own injuries due to his/her failure to observe and avoid the dangerous condition because the condition, although dangerous, was “open and obvious” to the victim. Knowing how to investigate and document these claims is paramount in successfully prosecuting the claims. Attorney Pitcaithley has had extraordinary success in these frequently challenging premise liability cases.
One of the most important parts of handling such a case, but certainly not the only part, is preserving the evidence of the dangerous condition by gaining access to the premises and having an expert witness (such as forensic contractor, engineer, or accident reconstructionist, investigate and photograph the scene). When this is not done, the ability to accurately reconstruct the condition can be lost forever. Attorney Pitcaithley and his associates have a battery of forensic experts that handle both the liability and damage phase of every case that warrants such an investigation.
If you have been injured by a defective or dangerous condition while on the property of another, you would be well advised to contact Attorney Pitcaithley for a free consultation on the merits of the case and the merits of proceeding forward with a claim to recover all damages available to you under the law.
You may telephone Attorney Pitcaithley to arrange for a free consultation on your case. You may also email Attorney Pitcaithley to arrange for a consultation by using the Contact Us feature on this website.