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What is a Slip and Fall Case?
Slip and Fall
Slip and fall accidents are classed as premises liability accidents. In order for a person to be able to recover damages, their negligence must be the direct cause.
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Slip and fall accidents can be deemed negligent if a person: a reasonable person would have known, or should have known, he or she was aware of hazardous conditions on the property he or she owned or controlled, or a failure to repair, protect against, or provide a sufficient warning of a dangerous condition.
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Most commonly slip and falls are caused by: liquid spills, plumbing leaks, loose carpeting or defective mats, uneven floors, uncovered cables and cords, broken or missing railings, broken furniture, failure to enclose construction sites, and failure to put up warning signs about known hazards.
Who Is Liable For A Slip And Fall In California?
Every person who enters a property must be treated with care by the owner. Those who own, lease, occupy, or control property owe a duty of care.
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It is possible that there are other companies or insurers which are liable for paying damages if someone is injured on their property.
What Do I Need To Prove To Recover Damages?
To recover damages for a slip and fall accident in California, a plaintiff must prove four key points: Ownership, leasing, occupation or control of the property by the defendant; it was negligent for the defendant to use or maintain the property; the plaintiff was injured after slipping or falling on the property; and in causing harm to the plaintiff, the defendant's negligence was a substantial factor.
When Is A Property Owner Or Occupant Considered Negligent?
Plaintiffs must prove negligence on the part of the defendant in order to win a slip-and-fall lawsuit.
You can accuse a defendant of negligence if their property has: there was a dangerous condition on the property that put the public at risk; if the defendant knew about this condition or did not take proactive measures to prevent the occurrence of a dangerous condition, the defendant is at fault; and the property owner failed to repair the damage.
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The grocery store that neglected to post “Caution: Wet Floor” signs on the slippery floor of a bathroom after a leak is an example of negligent behavior.
What Damages Can I Get For A Slip And Fall?
Slip and fall claims can result in compensatory damages for the following reasons (but they are not limited to): bills for medical treatment; wages not earned; earning capacity lost; or suffering and pain.
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Slip and fall lawsuits usually do not award punitive damages, but they may be awarded in some cases. If you need assistance, contact an experienced California slip and fall lawyer.
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For a slip and fall, punitive damages can be awarded when: a defendant's recklessness directly causes a catastrophic injury or wrongful death, or the defendant destroyed evidence of liability on purpose.
What Is The Statute Of Limitations For A Slip And Fall Claim?
Generally, you have two years from the date of the accident to file a slip and fall case. Depending on the circumstances, the statute of limitations may differ. Examples include situations in which the defendant is out of state for an extended period of time or if the injured person is a child under 18.
How Do I Prove The Accident Was The Defendant’s Fault?
Evidence must prove that the defendant's negligence was the direct cause of the accident you had. The key evidence can include: doctor’s treatment notes, video footage, witness statements, and testimony from accident reconstruction experts.