A slip and fall accident occurs when someone loses their balance and falls on the spot because of some obstruction or anomaly of the location. Eventually, the person gets injured in the incident. Slip and falls might seem innocuous, but they could inflict some serious damage. The possible injuries include traumatic brain injuries due to hitting your head, back injuries, broken bones, and other physical injuries.
Although there are laws to offer you ample protection when you happen to be in a slip and fall incident, there are certain regulations to be met if you are to receive the benefits of compensation. Slip and fall attorneys recommend keeping in mind the below information before you proceed with the legal action.
Duty in California Slip and Fall Accidents
Duty is the most important element to be fulfilled in a California slip and fall accident. This relates to the common parameter that the owner of the property is responsible for maintaining the premises clean and safe under all circumstances. When a slip and fall incident happens, the attorney would investigate the circumstances and ask you to recollect the conditions in order to determine if the other party had a legal duty and check how he/she failed to take care of it.
The Defendant Knew or Should Have Known about the Dangerous Condition
This is also known as notice. It is important to have an answer to this question in a slip and fall case. If the defendant had knowledge of an existing hazardous situation in their property and chose to ignore the warning, then a notice would be established. On instances when defendants should have known but claim to have no idea, experts are summoned to investigate the case.
The Dangerous Condition
If you are a victim of a slip and fall accident, you know for certain that there was a dangerous condition at the premises where the incident happened. Nevertheless, this should be proven in the court to get the fair compensation. As a plaintiff, you should establish that the defendant knew of the hazardous situation, yet chose to keep it that way. Besides, you also have to prove that the space you were using was indeed dangerous and unfit for common use, and that you were using it in the way it was intended to.