Premises Liability: Slip-And-Fall Accidents And California Law
Going to a grocery store, department store or trendy boutique is ideally a pleasurable experience. Even if picking up a gallon of milk is not an enjoyable stop, it should at least be safe. Unfortunately for some, a slippery floor or otherwise poorly maintained establishment can lead to injury. Victims who are injured while on commercial property may be eligible to receive compensation through a premises liability claim.
Premises liability is the legal term referring to the responsibility a property owner has to provide a safe environment for those who enter the property. Slip and falls are one type of accident within this legal field. Additional examples include dog bite accidents, falling objects, elevator or escalator accidents, pool drownings, slippery or uneven sidewalks, construction site accidents and playground accidents.
Premises Liability And California Law
California state law provides that property owners are responsible for any injury that is caused by a lack of proper management of his or her property. There are some exceptions to this rule. If, for instance, the injured party willfully brought the injury upon himself or herself, the owner would not be liable. However, in a case when a store owner fails to provide a safe environment for shoppers and this failure contributes to an injury, the owner is likely liable for the costs associated with the injury.
Establishing A Slip-And-Fall Case
In order to have a case against the owner, the victim generally needs to establish the following:
- Presence of a dangerous condition. This could include liquid on the floor making for a slippery surface or a tear in carpeting on a staircase posing a tripping hazard.
- Injury caused by dangerous condition. It is also important to have evidence to support that the dangerous condition led to an accident, which resulted in an injury.
- Knowledge of dangerous condition. The property owner or an employee should have known about the danger. If not, the victim could also show that any “reasonable” person would be aware of the danger and would take steps to fix it.
These are just a few of the steps that help build a successful slip-and-fall case. Additional evidence may be required, depending on the details of the accident.
Legal Counsel Can Help
Moving forward with any case can be difficult, particularly when the victim is focused on healing from an injury. As a result, it is wise to seek the counsel of an experienced slip-and-fall accident attorney. This legal professional will review the details of your case and guide you through the process, advocating for your rights and working to better ensure you receive the compensation you deserve.
Contact Us For A Free Consultation
To discuss a slip-and-fall accident case with an experienced personal injury lawyer, contact the Law Offices of Mauro Fiore, Jr., by calling 866-583-9564. We have offices in Los Angeles, Monrovia, West Covina and Palm Desert.