If the negligence of a property owner caused your slip and fall accident in California, then they may be liable for your injuries. You will need to prove that a dangerous condition caused the accident, such as an unsafe railing on a flight of steps, and the property owner failed to take reasonable steps to fix it. This failure may represent a breach of a property owner’s duty of care, allowing you to seek compensation for your injuries.
Contact us at Salamati Law if this has happened to you. A slip and fall lawyer from our firm is ready to help you maximize your recovery. We offer free consultations and will gladly review your case and determine if you have a viable personal injury claim.
How do I Prove Negligence?
As noted, if you were injured in a slip and fall accident caused by the negligence of another party, you may have grounds to recover financial compensation in a premises liability lawsuit. Because these lawsuits are civil claims, the burden of proof is a preponderance of the evidence. It means that it was more likely than not (more than a 50 percent chance) that the property owner was negligent.
To prove negligence, your lawyer will need to satisfy the following elements:
- The property owner owed you a duty of care. As long as you were not trespassing, you will likely check this box.
- The property owner breached its duty of care. There was a dangerous condition on the property that the property owner either created, knew about, or reasonably should have known about. However, the property owner did not take reasonable steps to protect you from it. This might include blocking off the area or posting clear signage warning patrons of it.
- This breach is what caused you to slip and fall. For example, you slipped and fell in a grocery store aisle from spilled olive oil that happened two hours ago. This would constitute a breach of care because the owner/manager had enough time to clean it up.
- You were injured in this accident and suffered damages.
If you have evidence in a slip and fall claim to prove that the property owner was negligent in causing your accident, you may be eligible to recover financial compensation for damages such as medical costs, lost wages, loss of earning capacity, physical and emotional pain and suffering, loss of companionship, and loss of enjoyment of life.
What if I was Partially Responsible?
California is a pure comparative negligence state, which means that you can still recover financial compensation for an accident even if you were partially responsible for it–as long as you were less than 100 percent at fault. The total amount of your damages will be reduced in proportion to your share of the fault.
In slip and fall claims, the defendant may attempt to claim that you were at fault for the accident because you:
- Ignored clear warning signs of potential hazards
- Entered a restricted area
- Wore inappropriate footwear under the circumstances
- Slipped and fell because you were staring down at your phone instead of paying attention to your surroundings
However, a skilled lawyer will anticipate this and refute these arguments with facts using medical evidence, testimony from witnesses, police reports, and video or CCTV footage.
Contact Us at Salamati Law Firm for a Free Consultation
Consult with an experienced slip and fall lawyer as soon as possible. The defendant and their legal team will likely provide a strong defense, so a skilled attorney could help build your case, negotiate a reasonable settlement, or even take it to trial.
For nearly 30 years, our attorneys at Salamati Law Firm have been fighting for justice for injured Southern Californians. We take pride in helping our clients get their lives back on track. If you have been injured in a slip-and-fall accident, call us today to schedule a free consultation; there is no obligation to hire us. Further, we work on a contingency basis, so there are no upfront legal fees.