Sometimes an accident victim does not know the exact cause of the accident. They may not have seen what happened, or in some cases, the injuries may cause a loss of memory. A lack of memory can make a case very difficult, but Washington personal injury attorneys know that the difficulty may be overcome if there is other evidence showing the defendant’s liability.
A lack of memory was at issue in a recent case. The plaintiff suffered a head injury after falling while leaving a store. She filed suit against the tenant and the landlord of the store for failing to maintain safe premises. The trial court granted summary judgment in favor of the defendants, and the plaintiff appealed.
The plaintiff could not remember what caused her to lose her footing. The appeals court viewed the evidence in favor of the plaintiff. According to the record, there were three concrete steps, measuring 76 inches across the top step. There was a 37-inch wide plywood ramp over the stairs for wheelchair use. The ramp had a raised edge on either side, about an inch wide and two inches high. There were no handrails.