Slip and fall accident are categorized under the California premises liability. According to the law, the accident must have been caused by someone else’s negligence. Below is a discussion on the various aspects of this law that your slip and fall attorneys might be able to guide you with.
A person is deemed negligent for a slip and fall injury when he/she knew about the reasonable caution that was to be taken while passing through that potentially dangerous part of the property. The property owner is considered negligent when he/she fails to repair the state of the property after knowing the same conditions.
Some of the common causes of slip and fall liability in California are plumbing leaks, uneven floors, spills, loose carpeting, uncovered cables and cords, broken furniture, failure to rope off construction sites, broken or missing railings, and failure to put up warning signs about known hazards.
Persons Liable for a Slip and Fall in California
The ones who owe a duty of care in California to safeguard the people who come into their property from the harm’s way are usually liable for slip and fall injury cases. This is applicable to those who control, occupy, own, or lease the property.
Proof Required to Recover Damages Caused
There are four minimum requirements that the plaintiff needs to establish in order to recover damages.
- The defendant leased, owned, controlled, or occupied the property where the accident happened.
- The defendant was negligent in maintaining the property.
- Harm was caused to the plaintiff by slipping or falling on the property.
- The main reason behind the accident was the defendant’s negligence.
Situations When Property Owner or Occupant is Considered Negligent
This lawsuit works only if the plaintiff is able to prove the negligence of the defendant. This will work only if a condition within the property caused an unreasonable risk. This is also possible if the defendant knew about the situation or through the regular maintenance should have known about the condition. Moreover, if the defendant is unable to repair the condition, give adequate warning of the condition, or protect against harm from the condition, they will be held guilty of the charges.
Damages That Can Be Claimed for a Slip and Fall
Plaintiffs are allowed to claim all the damages incurred in the event of an accident. The kinds of damages or slip and fall injury could include factors like pain and suffering, lost wages, lost earning capacity, and medical bills. In very exceptional instances, plaintiff may be entitled to punitive damages under a California slip and fall lawsuit.