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Sometimes, slip and fall accidents result in very serious injuries that require a substantial amount of money to treat. California law classifies cases such as these under the umbrella of “premises liability,” and the owners of these properties are held accountable under this category. This allows residents to use the court system to obtain monetary compensation for the injuries they sustain in a slip and fall accident, so we will examine this concept below:
Who Is Really Liable for Slip and Fall Accidents in California?
California holds property owners responsible for injuries caused by slip and fall accidents.
The Government
People visit government buildings in California, and they are at risk of experiencing an accident at these locations. When they slip and fall at a courthouse, the Department of Motor Vehicles or a public park, you can hold the government responsible.
Owners of Stores and Businesses
If you have a right to be on the premises of a grocery store, a retail store or a movie theater, you also have the right to hold the property’s owner responsible for injuries that occur during a slip and fall accident.
Owners of Private Residences
A guest to a house, apartment or condominium can hold the owner of these properties liable for any injuries they sustain during a slip and fall injury.
The Obligation to the Duty of Care
According to California law, property owners are required to provide a duty of care to the people who visit their premises. Your personal injury lawyer would need to demonstrate to the court that the property owner failed to do this in the following manner:
The Duty of Care
The property owner owes the guest a duty of care. This means that he or she must maintain the premises so that they are safe for visitors. If the property owner has not had a chance to do this, they must inform their guests that there are hazards on the property.
The Breach of Duty
Your personal injury attorney must show that the property owner failed to maintain the property so that it is safe, failed to address a dangerous situation or failed to warn visitors about the hazard.
The Cause
Your personal injury attorney must show that the hazard caused the accident that caused your injuries. The property owner’s actions or inactions must be determined to be the reason that the plaintiff suffered the injury.
The Damages
Because the plaintiff experienced this slip and fall accident, he or she suffered damages. Damages include physical injuries, pain and suffering, medical bills and lost wages.
Examples of Dangerous Situations
Several things can cause a property to be dangerous for visitors. These include a wet floor, narrow stairs, poor lighting, torn carpeting, cracked sidewalks and the weather.
Showing that the property owner is responsible for the slip and fall accident requires that your personal injury attorney demonstrate the following:
• The property owner is responsible for creating the hazard.
- The property owner knew that there was a danger and failed to correct the situation.
- The hazard had been in existence for a long time, and the property owner should have been aware of it and corrected it before anyone was hurt.
Slip and fall cases are particularly challenging, so if you experienced an injury because of a slip and fall accident, you must hire a personal injury attorney. Your lawyer needs time to investigate the incident so that he or she can definitively show that the property owner is responsible for the condition that caused the accident. Contact a personal injury attorney today.