Slip and fall is one of the common accidents anyone may be involved in. Basically, it involves a person who suddenly slipped or tripped and then fell inside someone else’s property. This accident is usually associated with premises liability, which presents the notion that the property owner is responsible for any injuries anyone using the premises may suffer. In this legal theory, the failure to exercise reasonable care, also known as negligence, is involved.
There are various types of slip and fall accidents; there are those that involve tripping over an object scattered on the floor or stepping on something that is bound to fail and then falling as a result. In terms of circumstances, locations within a property that may result in a slip and fall include areas that are not well-lighted, walking surfaces that are not well-maintained such as staircases and walkways, and walking surfaces with oil slicks, water or ice.
The basics of slip and fall in the State of California
If you suffered an injury in a slip and fall accident in California, you may be able to receive damages. For you to know if you have a valid case that will give you the chance to sue the liable parties and be able to receive compensation, you must consult with a reputable attorney who specializes in representing clients who were victims of slip and fall accidents.
In a situation wherein there is a condition within the premises that may possibly endanger the lives of other people, both the property owner and the person who encounters the said condition each have the responsibility of preventing slip and fall accidents from happening. On one hand, it is the property owner’s responsibility to keep the premises safe from any hazardous conditions. On the other hand, a person who encounters said condition must exercise reasonable care in order to avoid potential injuries.
Proving the negligence of the California property owner in a slip and fall lawsuit
Assuming that you have a valid case and you’ve already obtained representation with the lawyer for slip and fall cases in California, your lawsuit must establish through evidence that the owner, tenant, or anyone in-charge of the property was negligent, that his or her action or inaction resulted in your injuries. Also, there must be proof that the property owner knew of the danger that would have made it reasonable for him or her to deal with it before anyone gets injured.
However, slip and fall in California, like any other personal injury cases in the state, is determined through comparative negligence. This theory suggests that both the injured party and the liable party have a certain degree of fault in the accident. In your case, you will still receive compensation; however, the total damages determined by the courts will be reduced by how much responsibility you have in the accident.
Indeed, the process of winning claims against the liable party in a slip and fall case is not only complicated, but could also be against your favor, especially because the other party has its own defense against your allegations. For you to have a strong chance of winning a lawsuit and obtaining complete compensation from the liable party, it is a must that you hire an experienced slip and fall attorney in Los Angeles.