Slip & Fall Cases: Why It's Important To Focus On More Than The Defect


If you are currently pursing a slip and fall case, it is important that your attorney builds a thorough case. If you really want to win, you need to make sure that your attorney focuses on the defect, the static distractions and the dynamic distractions present at the time that you slip and fell.


The first part of your case will focus on the defect. The defect is basically what caused your injury. If you slip and fell because the sidewalk was uneven, the uneven sidewalk is the defect. If you slip and fell because the entryway was full of water and ice, the water and ice is the defect in your case.

Your attorney will need to establish that the business where you slip and fell should have been aware of the defect, and should have taken steps to prevent their customers from becoming injured by the defect.

Although this is the main component that your case is built around, it is important that your attorney broaden their focus when presenting your case.

Static Distractions

The defense can easily argue that a reasonable person would have seen the defect and taken steps to avoid it. That is why it is essential that your attorney brings to light static distractions that would have prevented you from seeing or noticing the defect.

Static distractions are distractions that are in place the majority of the time where your accident occurred. These are objects that may not be moving, but nonetheless grab your attention. Some examples of static distractions include:

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

These are objects that are located around the defect that a reasonable person may be looking at or paying attention to. These static distractions could easily cause a reasonable person to not notice the defect.

Dynamic Distractions

Dynamic distractions are elements that are moving and changing. Objects in motion are designed to catch your attention. The dynamic distractions present where you slip and fall are just as important as the defect.

If there are multiple dynamic distractions demanding your attention, it is reasonable that you would not be looking down at the ground to watch out for defects that shouldn't be there in the first place.

Some examples of dynamic distractions you may have encountered include:

  • Motor Vehicles
  • Bicycles
  • Baby Strollers
  • Dogs
  • People Walking
  • People Running
  • Street Vendors
  • Performers
  • Shopping Carts

In order to win your slip and fall case, your attorney needs to present a thorough argument that really sets the scene. Make sure that your attorney brings to light not just the defect, but all the static and dynamic distractions that were at play when you sustained your injuries.


29 April 2015

Learning How To Heal

After you have endured a traumatic, life-changing car accident, it can be hard to transition back into your everyday routine. As friends and family members chat about upcoming outlet mall sales or holiday plans, you might be secretly worried about how to pay your medical bills or forget about that wreck. Fortunately, dealing with your car accident case proactively by working with an attorney can really help. After I was involved in a car accident a few years back, my attorney stood by my side and helped me to argue for what was rightfully mine. I made this website to teach others what to do if they are involved in an accident.