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Whenever one person visits another person’s property, whether it is a home or business, they expect to be safe from harm. Unfortunately, people who poorly maintain their property can be responsible for any injuries that happen as a result. However, there is a very specific framework for subsequent personal injury claims.
A California slip and fall lawyer can represent individuals who have been injured while on another person’s property due to spills, poorly maintained stairs, and structural defects. An experienced injury attorney understands how California laws work in these cases and can pursue the compensation that injured individuals deserve.
California Laws Regarding Slip and Fall Cases
Personal injuries that result from a slip and fall are pursued under the tort known as premises liability. Premises liability allows people who are injured due to the negligence of property owners to recover compensation for their injuries.
Specifically, there are four parts, or elements, of a premises liability claim that a plaintiff must prove under California Civil Jury Instruction 1000. These are:
- That the defendant owned, leased, or controlled the property
- That the defendant was negligent in their use or care for the property
- That the plaintiff was injured
- That the defendant’s negligence was a significant factor in causing the plaintiff’s injury
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Establishing Negligence
The question of whether the defendant was negligent in their care or in their use of the property is usually the central question of a California slip and fall claim. According to California Civil Jury Instruction 1003, this is defined as when a condition created an unreasonable risk of harm that the defendant knew or should have known about, and the defendant failed to repair or warn of the condition.
Using an example of a milk spill in a grocery store, the store owner clearly is the owner of the property. A spill certainly creates an unreasonable risk of harm, as one does not expect wet spots while shopping.
Lastly, the store employs many people and also has security cameras. One would expect that the spill would be detected quickly and cleaned. All of this adds up to a strong premises liability case for the plaintiff.
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Over the years, we have witnessed just how difficult the insurance companies make it for honest people to recover compensation for their injuries. Injured people too often accept low settlements or give up on pursuing compensation because insurance companies deny their claim or make it difficult to recover damages.
We started The Sargent Firm Injury Lawyers to provide legal guidance and personal care to people struggling with the sudden and unwelcomed disruption that a serious accident brings to their life. We make it our purpose to ensure that anyone who suffers substantial damages in an accident in California has the resources they need to fight for fair compensation.
California Slip and Fall FAQs
Can I sue for a fall injury on private residential property in California?
Yes, you can pursue compensation for a fall injury on residential property if the homeowner or landlord failed to maintain reasonably safe conditions. Under California premises liability law, property owners are obligated to provide a duty of care to their guests and visitors. If you slipped due to a hazardous condition like uneven flooring, broken steps, or a spill the owner failed to fix or warn you about, a California slip and fall lawyer at Sargent Law Firm can help you build a claim and seek damages.
What damages can I recover in a California slip and fall case?
In a slip and fall case, you may be entitled to recover both economic and non-economic damages. These can include medical expenses, future treatment costs, lost wages, reduced earning capacity, and out-of-pocket costs related to your injuries. Non-economic damages may cover pain and suffering, emotional distress, and loss of enjoyment of life. The California slip and fall attorneys at Sargent Law Firm will calculate your damages thoroughly to ensure no recoverable losses are overlooked.
Can I initiate a lawsuit if I was partially at fault for my slip and fall accident in California?
California follows a pure comparative negligence rule, which means you can still recover compensation even if you were partially at fault. However, your recovery will be reduced by the percentage of fault attributed to you. For example, if you’re found 25% responsible for your fall, your compensation will be reduced by 25%. Sargent Law Firm’s California slip and fall lawyers can help minimize your share of fault and strengthen your claim through strategic evidence collection and legal arguments.
Is a store automatically liable if I slip and fall on their property in California?
No, store owners are not automatically liable. You must prove that the hazardous condition posed an unreasonable risk, that the store had actual or constructive knowledge of it, and that they failed to take timely corrective action. For example, if a spilled drink was left unattended for an unreasonable amount of time, the store may be liable. A California slip and fall lawyer from our firm will analyze the facts and timelines to build strong liability claims in these cases.
