Slip And Fall And Premises Liability Claims In California
A slip and fall lawsuit is a civil action brought against a property owner to recover damages for injuries sustained when a person fell owing to a hazardous condition on the property.
Premises liability lawsuits are a broad group of cases that includes slip and fall claims. If you wish to file one, you can consult with a prescreened California personal injury attorney to help you.
Are Lawsuits for Slip and Fall Accidents Allowed in California?
According to California law, all property managers and owners must keep their premises safe for occupants, guests, and customers and issue any necessary warnings.
Therefore, if they are unable to do so, it would be considered negligence on their part. You'll have grounds to hire a California Attorney for Personal Injury to help you.
Can a City, County, or Other Public Agency Be Sued for a Slip and Fall?
Cities, counties, and other organizations are expected to maintain the safety of their buildings, playgrounds, parks, streets, and landscaping, including trees, bushes, and flowers on public property.
Mass transit, public colleges and universities, public schools, sanitation and water districts, fire and police departments, public hospitals, and state agencies are just a few examples of public organizations.
Governmental entities may be found accountable (at fault or legally responsible) and obligated to pay damages if they fail to keep their properties free from hazards and a significant injury arises. If you're unclear about it, you can consult California personal injury lawyers to help you sort things out.
Two crucial points regarding slip-and-fall claims against the government:
The statute of limitations in California is incredibly constrained. If you don't make a claim within six months after the injury, you risk losing the ability to seek compensation.
Many California towns and counties, although not all, have rules requiring the owner of a property next to a sidewalk to keep it in a safe condition. The public entity has to maintain the safety of any nearby landowners who are public entities.
What Evidence Must Be Obtained To Hold A Property Owner Liable In A Slip and Fall Injury Case?
No matter how severe the injury, a person cannot sue the property owner for damages simply because they fell and hurt themselves on someone else's land. It is the injured party's responsibility to provide evidence of the following:
The property where the plaintiff (the party filing the action) was hurt was owned, occupied, and under the defendant's control.
The usage or upkeep of the property by the defendant was careless.
The defendant's negligence significantly influenced the plaintiff's injury.
When a property owner fails to exercise due care under the circumstances, it is considered carelessness and results in a person becoming hurt on the property.
For instance, slip-and-fall accidents are common in grocery and convenience stores. Customers frequently spill milk, drink, wine, and other liquids from their containers in the aisles. If another customer falls on the wet floor after a spill, there is usually no foundation for a premises liability case against the supermarket because the manager was most likely unaware of the dangerous condition or had no opportunity to fix it.
However, the store employee did not act reasonably under the circumstances if they were made aware of the hazard and did not correct it right away or warn customers until help could arrive right away. Therefore, based on the store employee's negligence, there would be a strong case for filing a lawsuit against the supermarket.
Does The Property Owner Need To Be Aware Of The Hazardous Conditions To Be Sued?
In some instances, the evidence blatantly demonstrates that the property owner knew about the hazardous condition but chose not to remedy it. In other situations, the property owner will assert that they were unaware of the danger. However, even if accurate, this does not provide a complete defense.
Property owners must check on their property or take other steps to learn about its status. Property owners are required to take reasonable precautions to identify any harmful circumstances and to fix, replace, or adequately warn of anything that could be expected to cause harm to others.
Even failing to take reasonable precautions to identify dangerous situations on the property and make necessary repairs, replacements, or adequate warnings of anything that might reasonably be expected to damage others could result in them being found negligent.
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