Updated: Dec 14, 2022
Premises Liability: Slip And Fall Damages And Lawsuits In California
Slip and fall cases in California are usually brushed off because people blame their clumsiness. However, there are times when people wouldn't have been in an accident if there weren't avoidable hazards that the premises owner didn't address.
For example, it's easy to miss slippery floors if no signages warn grocery store shoppers. If someone slips and gets hurt, it is on the owner or manager of the store.
Hence, California personal injury law allows people to sue for slip and fall injuries, get compensation, and hold negligent people liable for them.
Here's what our prescreened California Slip and Fall Accident Lawyers have to say about it:
What Is Premises Liability In California?
Under premises liability regulations, property owners must maintain their premises reasonably safe for visitors. Visitors and guests must be aware of any hazardous situations, particularly those that might not be clear or easy to see. If a jury decides that a property owner was careless, the person hurt has the right to be paid for their injuries and other losses.
California slip and fall law is just one category of premises liability. Others include dog bite injuries, construction accidents, pool accidents, etc.
Premises owners cannot escape legal liability by claiming ignorance of the hazard. Some considerations include the following:
How apparent was the risk?
Were there any reports of unsafe conditions?
How long was the hazardous situation there and unaddressed?
Did it cause any further injuries?
Were there ineffective attempts to correct the harmful hazards?
Minor or insignificant flaws are often not covered by premises liability. In addition, depending on the property type, it may be challenging to define a hazardous condition. Hence, victims must consult California Slip and Fall Accident Lawyers before taking further action.
If property owners cannot address the risk, they must, at the very least, inform guests or customers. For example, a property owner can accomplish this by placing a conspicuous sign that alerts visiting guests before they are in a dangerous position.
California Slip And Fall Cases Examples
To help you understand what counts as a slip and fall injury in California, here are some examples:
Example 1: Someone trips and gets injured because of uneven floors and broken tiles. The store owner failed to address the problem even though people had previously tripped or fallen before.
Example 2: A cafe owner failed to put up "slippery floor" signs, causing someone to slip and get injured.
Example 3: Building owner did not fix the broken stairs.
Example 4: A house party host did not warn guests about slippery, uneven, or broken floors.
Note that you are not limited to these examples of California slip and fall cases. You could face different hazards somewhere else. If you're not sure, you should consult with California Slip and Fall Accident Lawyers.
How To File A Personal Injury Lawsuit In California?
To file a personal injury claim in California, you'll have to do the following:
Show That Defendant Had A Duty Of Care - It must be established that the person or entity considered liable for the harm had a duty of care. In this case, a premises owner is responsible for warning or keeping people away from the hazardous location.
Prove That There Was a Breach Of Duty Of Care - This happens when the defendant does not take the reasonable care required in their duty. So, if someone fails to warn or keep people away, they have breached that duty of care.
The Breach Of Duty Cause Your Accident - Usually, you must also demonstrate that the accident occurred directly because of this duty of care being breached.
Identify the Proximate Cause - If the defendant might have predicted the consequences of their negligence in advance, that is the proximate cause. They would be less liable if the accident occurred outside their control.
Identify Damages, Including Injuries And Financial Loss - You must demonstrate that the occurrence resulted in injuries such as physical discomfort or suffering. Damages come in monetary awards depending on the severity of the financial and emotional losses you incur.
These losses can include the following:
Loss of income
Current and future expenses
Loss of the enjoyment of life
6. Consult Personal Injury Attorneys in Los Angeles
Sometimes, personal injury claims don't have to reach the courts. Instead, you can agree on a settlement with the defendant and get the compensation that way.
However, this will entail negotiations that could affect how much you get as compensation. Attorneys know how to navigate these negotiations and help you get the best outcome.
That said, having a California Slip and Fall Accident Lawyers will still benefit you should things have to go to court.
Slip And Fall Statute Of Limitations In California
According to California law, a person must file a personal injury claim within two years of the accident's date. So it's key to remember that the earlier you register your claim, the sooner a lawyer can start working for you and gather vital evidence for your case.
Seek Help With The Bes California Slip and Fall Accident Lawyers
1000Attorneys.com is a California Bar Association-Certified Lawyer Referral Service that can refer you to a prescreened attorney best fit to handle your case. Contact us on our 24/7 lawyer referral hotline at 1-661-310-7999 or complete our inquiry submission form for a FREE INITIAL CONSULTATION.