In order for a plaintiff to succeed in a Washington, D.C. slip-and-fall case, she must be able to show that the property owner either created the hazard that caused her fall or knew about the hazard but failed to take any corrective action. If a plaintiff is unable to present the court with some evidence of the property owner’s knowledge, the case will most often get dismissed in a pre-trial motion for summary judgment.
Earlier this month, a federal appellate court issued a written opinion in a premises liability case illustrating the difficulties that plaintiffs may encounter when attempting to prove a property owner’s knowledge of the hazard that caused a fall.
The Facts of the Case
The plaintiff was a customer at the defendant restaurant. At the time, the plaintiff was recovering from a recent surgery on her heel, and she was walking with the assistance of crutches. During her meal, the plaintiff got up to use the restroom. In order to access the restroom, customers had to walk past the restaurant’s kitchen. As the plaintiff walked past the kitchen, she slipped on the wet floor.