Many people are familiar with the term “slip and fall.” The phrase describes a specific type of personal injury claim. The person trips, slips, or falls and sustains injuries on property owned by another party. The injured party pursues a personal injury claim against the property owner with the assistance of a California personal injury attorney.
However, many victims may not know that most slip and fall accidents fall under premises liability law. If the fall occurred on another party’s property, you must prove the elements of a premises liability claim before you can recover compensation for a slip and fall accident.
What Are the Legal Elements of a Premises Liability Claim?
You must prove that the property owner is liable for your injury before receiving money for your damages. The elements of a premises liability claim are:
- The party owned, occupied, leased, or controlled the property
- The party was negligent in the maintenance or use of the property
- You were injured or harmed
- The party’s negligence was a direct and proximate cause of your injury or harm
Property owners have a duty of care to inspect their property, maintain the property, make any necessary repairs that create potentially dangerous conditions, and give adequate warnings of dangerous conditions that exist on the property. When an owner breaches that duty of care and someone is injured, the property owner could be liable for damages.
The duty of care is based on what a reasonable person would do under the same or similar circumstances. The duty of care extends to people who lease, control or occupy the property. There could be one or more parties who could be liable for damages in a premises liability case.
What Is a Slip and Fall Accident?
Slips, trips, and falls might occur because of numerous hazards and dangers. Examples of reasons for a slip and fall accident include:
- Uneven or damaged floors
- Leaks and spills
- Missing or broken railings
- Exposed cords and cables
- Loose or damaged carpeting or flooring
- Elevator and escalator accidents
- Falls around swimming pools and water features
- Failing to place warning signs and barriers near hazards and dangers
- Holes and cracks in concrete or pavement
If you fall because of a hazard or danger, you could receive compensation for your injuries and damages.
Damages for a Slip and Fall Accident
The damages you could receive for a slip and fall accident include, but are not limited to:
- Medical care and treatment
- Physical therapy
- Medical equipment and supplies
- Loss of income and benefits
- Decreases in earning potential
- Mental, emotional, and physical pain and suffering
- Disabilities, scarring, and impairments
- Loss of enjoyment of life or decreased quality of life
You have a limited time to file a premises liability claim under California’s statute of limitations. In many cases, victims have two years to file a lawsuit. However, if the claim involves a government entity, you could have just six months or less to file a claim to protect your right to file a lawsuit. There could be exceptions to these rules, so it is always best to talk with a lawyer as soon as possible after a slip and fall accident.
Contact Our California Personal Injury Attorney for a Free Consultation
You could be entitled to compensation for your injuries and damages sustained from a slip and fall accident. Our California personal injury attorney will analyze your case and provide an honest assessment of your legal options. Before you accept a settlement offer or sign any documents regarding your slip and fall accident, obtain sound legal advice from an experienced premises liability lawyer. Contact our office today for a free consultation.