Filing a Lawsuit After a Slip and Fall Accident in the State of California
In the State of California, slip and fall accidents are considered premises liability accidents. It is important to recognize, however, that not every fall will lead to a slip and fall liability. This means that in order to file a successful lawsuit, a defendant’s negligence needs to have contributed to the fall.. In order for a victim to recover damages, the accident must be caused by another’s negligence or lack or reasonable care.
If you or someone you know has been injured due to a slip and fall incident in someone else’s property, you should know that you may be able to seek restitution for the injuries sustained. Seek the advice and support of a knowledgeable attorney who can guide you in the process of filing a claim.
Demonstrating Negligence in a Slip and Fall Case
Negligence is found in a lack of reasonable care. For purposes of this article, this party will generally be the property owner or occupant of the location where the incident took place. In a slip and fall case, a negligent party could be someone who takes part in the following:
- Has knowledge about the danger or hazard, or
- Through reasonable care, the negligent party should have known about the danger or hazard, and
- The negligent party has ultimately failed to repair or give a proper warning of the danger or hazard, having had notice and an opportunity to correct the situation.
If you have suffered injuries in someone else’s property and are not sure if someone should be held responsible for the injuries you sustained, consider speaking to a personal injury that has experience in premises liability claims. An attorney with the right experience can help you understand who could be held liable for your injuries.
Common Causes Behind Slip and Fall Accidents
Not every slip and fall case will be held under another’s responsibility. The following are some of the most common causes behind slip and fall cases that could hold another party accountable:
- Plumbing leaks or pooling or other things that could cause water leakage,
- Liquid spills,
- Loose flooring such as tiles or carpeting,
- Uneven floors such as an uneven pavement,
- Unstable or missing handrails,
- Broken furniture,
- The failure to close off hazardous locations such as construction sites,
- The failure to place visible warning signs about specific dangers.
Filing for a Slip and Fall Claim: Important Documentation
If one has been injured in on of these accidents, important evidence should be collected right away. It can include witness information, photos, videos, and copies of any incidents reports.
State of California Statute of Limitations
Every state will have its own rules and regulations. In every state, including the State of California, in order to file a premises liability claim, you will need to file the claim under strict time limitations. See a lawyer as soon as possible after the fall.
Obtain Legal Representation
If you or someone you know has suffered a slip and fall injury while on someone else’s property, there may be an opportunity to seek restitution. Seek the advice of a qualified attorney who can guide you through the process of filing for a claim. With the help of an experienced attorney, you can give your claim the best opportunity at being successful. The attorneys at Heiting and Irwin have extensive experience in the field of slip and fall cases. They are dedicated to helping victims seek compensation for the injuries they sustained due to the negligence of another party. Time is of the essence; seek the advice and support of a qualified team.