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3 Aspects Your Attorney Needs To Focus On To Win Your Slip & Fall Case

29 August 2016

Mattie Bennett

If you are currently pursuing a slip and fall case, in order to win the compensation you deserve, it is vital that your attorney presents a strong and detailed case. Make sure that your attorney focuses on the defect, the dynamic distractions, and the static distractions that were all present when you experienced your slip and fall. Focusing on these three aspects will strengthen your case and increase the chance of a positive outcome.

#1 Defect

The defect is what caused your injury, and should be the first thing that your attorney focuses on when building your case.

For example, if you slipped and fell because there was a huge puddle of water in the entry way of a store, the puddle of water was the defect. Or, if you fell because of an uneven surface, the uneven surface was the defect. The defect is the specific physical item or items that caused your injury.

Once your attorney establishes what the defect was, your attorney will then need to show that the business should have been aware of that defect and taken precautionary measures to protect all of their customers from becoming injured by said defect. They will need to demonstrate that it was within the realm of reason that the business could have taken precautionary measures.

#2 Dynamic Distractions

It is vital that your attorney focus on more than just the defect. Your attorney also needs to highlight the different distractions, both dynamic and static, that were present that would have distracted most customers. Highlighting these distractions will help counter any argument the defense makes

Dynamic distractions are generally considered things that may have been in motion, moving and changing around you during the time of the accident. These distractions are things that would have grabbed your attention and caused you to not notice the defect.

If numerous dynamic distractions were at play during the time of your accident, it is reasonable that you may not have noticed the defect.

Here are a few examples of dynamic distractions that you may have encountered while at a place of business:

• Shopping Carts
• Individuals Walking
• Individuals Running
• Bicycles
• Vehicles
• Baby Strollers
• Dogs
• Vendors
• Performers

If there were one or more of the dynamic distractions listed above at play during your accident, it will be easier to move the responsibility for the accident from you to the business. These are normal dynamic distractions that the store should be aware of and plan for.

#3 Static Distractions

These are distractions that are almost always present where the accident occurred. These are not moving distractions, by are still things that grab one's attention at the place of business and take customer's attention away from watching where they are walking.

Most static distractions are a result of the physical layout of the store or of the store's advertising and set-up; these are distractions that the store should be aware of and plan for.

Here are a few examples of static distractions that you may have encountered:

• Store Displays
• Doors
• Store Windows
• Signs
• Fire Hydrants
• Poles
• Trash Cans
• Bicycle Racks
• Sidewalk Grates

These are all things that a reasonable person may pay attention to instead of the defect.

Make sure that your defense attorney establishes the store's responsibility not just for the defect that caused your accident, but also for the dynamic and static distractions that exist and factor into your accident. 

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