When uneven flooring is present in stores, apartment buildings, or public places, it may seem like just a minor inconvenience. However, it can cause serious falls, broken bones, and long-term medical complications. In Washington, D.C., property owners have a legal duty to keep their premises safe. If they fail and you are injured, uneven flooring could be the grounds for your case. Reach out to an experienced Washington D.C. slip & fall lawyer to discuss your situation and secure skilled legal advice during your case.
What is Premises Liability Law?
Premises liability law is a legal principle that holds property owners responsible for keeping their premises reasonably safe for visitors. Property owners are required to take reasonable actions to prevent or warn against hazards like slippery or wet floors, poor lighting, broken stairs, or uneven flooring.
This includes examining the premises to identify danger, performing regular maintenance and upkeep of the property, taking prompt action to rectify issues, and warning guests of any hazards that cannot be fixed immediately.
Can Uneven Flooring Be Grounds for a Personal Injury Case in Washington, D.C.?
Yes, uneven flooring can be grounds for a personal injury case in Washington, D.C. Uneven flooring is a common problem in many homes as well as commercial properties and businesses. This danger can be found in the form of tilted floorboards or tiles, sagging sections of the floor, buckled carpeting, warped floors, cracked or broken tiles, potholes, and more.
While uneven flooring can form the basis of your personal injury case, you must be able to prove that the property owner’s negligence caused your accident. To be considered negligent, the property owner must have either:
- Been aware of the uneven flooring and failed to rectify it or rope off the area in a timely manner, or
- Not been aware of the danger, but should have been given the circumstances, for example, if they should have caught the hazard during an inspection.
How Can I Sue for an Injury Caused by Uneven Flooring?
If you tripped on uneven flooring and sustained injuries, it is important to understand your responsibilities as the plaintiff in your personal injury case. You must demonstrate the relevant elements of negligence to prove that the property owner caused your accident. This can include:
- The property owner owed you a duty of care to keep the premises safe
- The property owner breached the duty of care by failing to fix the uneven flooring
- The property owner knew or should have known about the hazard
- The uneven flooring directly caused your injury
- You suffered actual damages as a result
It is important to note that, unlike many states and jurisdictions, Washington, D.C. does not operate under a comparative negligence system, which allows plaintiffs to recover damages even if they were partially at fault for the accident. Instead, if you are found even 1% responsible, you could be barred from recovering any damages.
For more information and to secure legal representation during your case, reach out to a skilled personal injury attorney today.