A person may lose his balance and fall down when he/she slips accidentally. This may sometimes lead to many grave injuries such as broken bones, back injuries, traumatic brain injuries, etc. Note that many cities enforce some laws in order to help such slip and fall victims. Actually, slip and fall injury or trip and fall injury is a type of personal injury claim.
This premises liability claim is applicable when person trips and fall at the premises of another person that ultimately results in some injuries or damages. In such cases, the owner will be entitled to pay for the time off, medical bills, and even for the pain that the victim suffered because of their carelessness. Of course, the slip and fall policies of every city will not be the same. Therefore, you need to be aware of the legal points that have to be met to file a slip and fall case in California.
The Duty of Care of the Owner
The main element that you must prove in California slip and fall cases is that the owner of the premise failed to fulfill his duty to look after the safety measures. Simply put, the company or the person who owns a building has some obligations to ensure that their building is a safe place by means of implementing adequate safety measures. One of the examples for this is the yellow caution boards that are kept on the floor in order to warn the walkers about the wet floor.
You may consult any of the slip and fall attorneys to understand how the lack of duty of care of the property owner lead to your accident. After listening to the entire incident and facts, an experienced lawyer will be able to tell you how to proceed with the slip and fall injury lawsuit.
The Owner Should Be Aware of the Dangerous Situation
This is another important legal element you must meet in order to justify slip and fall cases. That is, you have to prove that the owner of the building must be well aware of the persisting dangerous situation in the building and still choose to ignore it.
In order to prove this, a technical team will be appointed in order to evaluate the condition and check whether the building maintenance guidelines were followed by the owner as mandated by the state. A notice will be issued against the owner if they find that the building was/is not properly maintained.
You Must Be Able to Prove the Entire Situation
You may be a victim of slip and fall injury because of the sheer ignorance of the owner of that property. However, you must be able to prove the entire scenario in the court of law in order to avail the benefits. To be precise, you must prove that the subjected property was, indeed, in a dangerous situation, and the owner chose to ignore it intentionally. Additionally, you must show that you accessed the property as it ought to be. That is, you cannot file slip and fall cases if you ignored the caution board placed at the premises.
There Must Be Some Serious Damages
Even if you meet the above-mentioned criteria, you cannot file slip and fall cases unless there are some serious damages as a result of your fall. That is, you must be injured as you fall to file a lawsuit for damages. At least, any of your valuable personal belongings, such as a smartphone, watch, etc., must be damaged because of the slip and fall incident. In such cases, the owner will be entitled to replace or repair the damaged properties.
Choosing a Slip and Fall Attorney
Note that it is recommended to consult any of the reputed California slip and fall attorneys right away in such cases since this type of personal injury claims are time sensitive. Below are some of the important guidelines that you must consider while choosing a personal injury lawyer for the slip and fall case in California.
- Go for a Consultation: There are many slip and fall attorneys and firms in California, and hence, choosing the right one can be a bit tricky. In order to tackle this, search for attorneys who offer a free consultation. After all, spending hundreds of dollars on a lawyer blindly will be utter foolishness. Once you discuss your case with different lawyers, you will get a clear idea about their capability by analyzing the way they reciprocates. Finally, you can choose a lawyer who you trust with your slip and fall case.
- Check their Expertise: Always choose a lawyer who is well known for his work. An expert slip and fall attorney will be able to deal with any type of slip, trip, and fall case. Note that some lawyers tend to focus on particular type of damages such as physical injury, damage to belongings, etc. Plus, you are more likely to get a maximum settlement if you go with an experienced lawyer.
- Seek Suggestions: Before finalizing an attorney, you may seek suggestions from your friends and family who already have experience in California slip and fall cases. In addition, you may refer to the online customer reviews regarding their experiences with different slip and fall attorneys.