California Slip and Fall Accidents

California, with its sun-drenched landscapes and bustling urban centers, offers a vibrant lifestyle. However, beneath the surface of idyllic scenery lies a common hazard: slip and fall accidents. These incidents, often seemingly minor, can result in significant injuries, financial burdens, and emotional distress for victims. Whether it’s a wet grocery store floor, an uneven sidewalk, or inadequate lighting in a parking lot, property owners have a legal responsibility to maintain reasonably safe premises for visitors. At KAASS LAW we understand the complexities surrounding slip and fall accidents and are dedicated to providing clear guidance and robust legal representation to those who have been injured due to negligence.

Premises Liability Accidents

A slip and fall accident falls under California premises liability laws. For an injured party to recover damages, the accident must have resulted from someone’s negligence. Hence, not all falls will necessarily lead to a slip and fall liability, but in a surprisingly large number of cases, they certainly can.

Responsible and Negligent Party

More specifically, someone is negligent and responsible for a slip and fall case in California if they:

1. Knew, or through the execution of reasonable care and caution should have known,
2. About a hazardous condition on the property they own or control, and
3. They failed to repair, protect against, or provide enough warning of the condition.

Common Causes of Slip and Fall Accidents

As you may imagine, many factors can come into play in slip and fall cases. The most important factors tend to be those that we can link to what may have caused the slip and fall to recover damages. Some examples of these factors and causes are:

• Leaks
• Spills
• Uneven flooring
• Loose carpeting
• Uncovered or exposed cables and cords
• Broken furniture
• Failure to close off construction sites, and
• Failure to put up warning signs about known hazards in the area.

Who is Liable for Slip and Fall Accidents?

According to California law, people owe a duty of care to protect those who enter their property from harm. Duty of care applies to anyone who owns, leases, occupy or controls the property. However, it does not just apply to individuals; parent companies or insurers may also be liable to pay damages to people injured in slip and fall accidents in California.

Let’s explore a possible slip and fall scenario: Stephanie is out with her friends at a club, and she slips on someone’s spilled drink, injuring her head. This is a situation where there may be several possible liable parties, such as the promoter, the club owner, the parent company, the party’s insurers, and maybe even the club’s or promoter’s staff. As such, we can take many possible avenues in determining who is liable for a slip and fall injury, depending on the context of the situation.

Proving Fault in Premises Liability Cases

You need to know the four things that have to be established to prove that negligence led to your injuries in the slip and fall case. These four things are important to establish if you wish to recover damages:

1. The defendant owned, leased, occupied, or otherwise controlled the property;
2. The defendant was negligent in their use and maintenance of the property;
3. You were harmed by slipping and falling on the property; and
4. The defendant’s negligence was a major factor in causing the harm you suffered.

Once these four get established, we are well on our way to recovering damages for your slip and fall case. You are entitled to recover all compensatory damages that resulted from their negligence. Compensatory damages include:

• Medical Bills
• Lost Wages
• Lost Earnings Capacity
• Pain and Suffered
• Potential Punitive Damages

We can recover punitive damages for a slip and fall case if the defendant’s recklessness led to severe injuries or death or if the defendant deliberately destroyed evidence of their liability.

Statute of Limitation in Slip and Fall Accident Lawsuits

Although an injured party may be eligible to recover damages, there is a statute of limitation (“SOL”) to bring a slip and fall lawsuit. In California, the statute of limitations for slip and fall cases is two years from the accident date.

Many injured wonder what they must do to prepare for a slip and fall claim? The key is to show that the fall was the result of negligence. To prove that a third party was negligent, an injured party must collect evidence. Such evidence can include:

• Video footage of the fall
• Witness testimony and statements
• Doctor’s treatment notes and assessments
• Testimony from accident reconstruction experts

Contact Us

If you or a loved one has been injured in a slip and fall accident in California, don’t navigate the legal complexities alone. The experienced personal injury attorneys at KAASS LAW are here to help. We offer a free, no-obligation consultation to discuss your case and explain your rights. Contact our office today to take the first step towards justice and recovery. Let us help you navigate the treacherous terrain and fight for the compensation you deserve.