South Dakota Personal Injury Attorneys > South Dakota Slip and Fall Lawyers > Slip and Fall Lawsuits > PROVING FAULT

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Verdicts and Settlements

Birth Injury Verdict

$38.75 million. Failure to perform a timely C-section resulting in serious injury.

Diagnosis Delay

$9.728 million. Delayed cancer diagnosis, causing permanent colostomy and partial removal of the liver.

Brain Injury / Birth Injury

$6.5 million. Nursing staff failed to monitor vital signs in post-cesarean patient resulting in seizure activity and severe brain damage.

Slip and Fall Settlement

$6 million. Premises liability claim resulting in severe brain damage to husband and father.

Proving Fault

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South Dakota: Slip and Fall Lawsuits

Slip and fall cases are often challenging and difficult to prove. In order to be successful, a South Dakota slip and fall attorney must establish not only the existence of a dangerous condition, but the property owner's knowledge of that condition. Property owners have a responsibility to be diligent about properly maintaining their property, and the slip and fall victim's attorney must prove that the property owner knew or should have known about the hazard that caused the slip and fall accident, and that he failed to remedy it. When determining a property owner's reasonableness, the law focuses on whether the property owner makes regular and thorough efforts to keep the property safe, clean, and free of hazards.

In order to prove fault in a South Dakota slip and fall injury case, a slip and fall attorney may gather evidence against the property owner by taking the following actions:

Conducting an inspection of the accident site in order to ascertain the dangerous condition that caused the slip and fall accident
Securing evidence of the dangerous condition before it is removed, repaired, or disappears (e.g. ice melting)
Tracking down accident witnesses and gathering witness statements
Locating proof of prior complaints about the dangerous condition or of prior slip and fall accidents at the same location.
Hiring the appropriate experts on safety standards to whether there was a violation of governmental codes and regulations