The first question is whether the owners of the property were negligent in their maintenance of it. Were they as careful in addressing dangers as a typical person would have been under those circumstances? A person who lives in an apartment complex or another type of multi-unit dwelling has the right to enjoy a habitable, safe environment. That includes sidewalks that are intact, stairwells that are lit properly and well maintained, and more.
If a walking surface has been cracked or otherwise damaged in such a way that might cause a slip and fall accident, the landlords must repair it promptly. If they do not do this, that is negligence.
Different Standards of Care
A person who suffers a slip and fall injury on someone else’s property will generally have to show why they were present on that property. The courts have traditionally said that invitees and social guests typically are entitled to the highest standard of care, given that in both cases, the people in charge of the property specifically asked them to come onto the property. This includes customers in stores and restaurants.
Licensees, which have been defined by one court as “persons who choose to come upon the premises solely for their own convenience without invitation either expressed or reasonably implied,” get a lower standard of care.
In some slip and fall lawsuits, the injured person is found to have been partially at fault for the accident. But even when this is the case, the victim can still recover damages. Under the “comparative negligence” approach, damages may be reduced to account for the share of the accident that can be attributed to the plaintiff’s carelessness.
California follows what is known as a “pure” comparative negligence standard. That means that the plaintiff will still recover damages after their percentage of fault has been deducted, even if the plaintiff was 99 percent at fault.
Even a simple slip and fall incident can lead to grave injuries, including:
- Damage to the brain or other internal organs
- Spinal cord damage
- Broken limbs
- Emotional distress
A person who was an active member of the community can suddenly be hit with debilitating injuries and medical bills that amount to many thousands of dollars. These expenses typically exceed the insurance coverage that the average American has.
Evidence is crucial, including medical examinations, photographs of the accident scene, eyewitness testimony. The experienced slip and fall attorney in Carlsbad knows how to gather such evidence and use it to make the strongest possible case for damages.
Contact a Carlsbad Slip and Fall Attorney Today
If you have suffered an injury in a slip and fall accident due to another party’s carelessness, do not wait another day before seeking legal advice from Carlsbad slip and fall lawyers who can advise you of all your options and help you to decide your next steps going forward.