Slip and Fall Accidents in California

Slip and fall accidents are more common than you might think, especially in California. Picture this: you’re walking down a grocery store aisle, and suddenly, you find yourself on the floor, nursing a twisted ankle or worse. These incidents, often dismissed as minor mishaps, can lead to serious injuries and significant expenses. If you have an injury due to a slip and fall accident in California, understanding your rights is crucial. Personal injuries that cause slip and fall accidents are under premises liability laws. This allows victims, injured as the result of the negligence of the property owner to recover compensation for their injuries.

Premise Liability

According to Civil Jury Instruction 1000, the plaintiff must establish the following four elements to prove a premises liability claim:

• Defendant owned, leased, or controlled the property
• Defendant was negligent in their use or care for the property
• Plaintiff has an injury
• Defendant’s negligence was a significant factor in causing injury to the plaintiff

Who Can Be Liable for a Slip and Fall Accident?

California law operates on the principle of “premises liability.” This means property owners and occupiers have a legal duty to maintain safe conditions for visitors. This includes customers in stores, guests in homes, and even trespassers in certain situations.

When someone is injured because of a dangerous condition on another person’s property, he can sue either the owner, occupier or possessor of that property. This may include homeowners, landlords, businesses, and other property owners.

How to Establish the Property Owner’s Negligence?

According to California Civil Jury Instruction 1003 defendant was negligent in the use or maintenance of the property in case:

• A condition on the property created an unreasonable risk of harm
• Defendant knew or, through the exercise of reasonable care or should have known about it
• Defendant failed to repair the condition, protect against harm from the condition, or give adequate warning of the condition

What to Do After a Slip and Fall Accident

If you have an injury due to a slip and fall, taking the following steps can help protect your rights and strengthen your potential claim:

• Seek medical attention: Your health is the priority. Even if your injuries seem minor, get a medical evaluation to document them.
• Report the incident: Notify the property owner or manager about the accident and ensure an incident report is filed.
• Gather evidence: Take photos or videos of the accident scene, including the hazardous condition that caused your fall. If there were any witnesses, get their contact information.
• Preserve evidence: Keep your shoes and clothing worn at the time of the accident.
• Avoid social media: Refrain from posting about your accident or injuries on social media.

Statute of Limitations for Slip and Fall Accidents in California

According to California Code of Civil Procedure section 335.1 a victim has a two-year period for the filing of “an action for his injury to, or for the death of, an individual caused by the wrongful act or neglect of another.” According to California Code of Civil Procedure section 338 there is a separate three-year deadline for filing a lawsuit over the repair or replacement of personal property was damaged in the slip and fall.

Bringing a Claim Against Government

In case your slip and fall injury was caused by the negligence of a government employee then the claim you file must follow a special set of rules. You will be required to provide notice of your claim within a six-month period and give the municipal or state government a chance to respond to your allegations.

Comparative Negligence

According to this rule, any damages award the plaintiff receives will reduce according to the percentage of his fault. A property owner can make different arguments to attempt to pin the blame on the plaintiff. Here are some examples of arguments:

• The dangerous condition of the property should have been obvious to the plaintiff.
• The plaintiff was on a part of the property or possibly trespassing.
• The plaintiff was wearing inappropriate footwear.
• The plaintiff took the reasonable and necessary step to protect visitors and the dangerous condition.
• The plaintiff wasn’t paying attention to where he was walking.

In case the plaintiff’s California slip and fall case makes it to court, regardless of the argument the property owner makes, the state’s “pure comparative negligence rule” will determine how much compensation the plaintiff can get from the property owner.

 

Contact Us

If you sustained an injury due to a slip and fall accident in California, don’t hesitate to seek legal help. Understanding your rights and taking the right steps after an accident can make a significant difference in your ability to recover compensation and get back on your feet. Are you in need to services for a slip and fall accident? Our Los Angeles slip and fall lawyers at KAASS Law would be happy to help you out in every way we can. Get in touch with us now at (310) 943-1171 for assistance!