Proving a Slip and Fall Case in California
Banafshe Law Firm PC November 2, 2020
If you were on someone else’s property and experienced a slip and fall accident, you may be entitled to recover damages. A slip and fall accident is a type of personal injury claim that arises out of someone’s inability to keep their property safe. If you’ve been harmed in Los Angeles by someone else’s negligent attention to their property, you should contact a personal injury lawyer to discuss your options. They can help you understand what would be needed to prove the property owner acted negligently and is therefore responsible for covering your medical expenses, lost earnings, and any long-term pain and suffering in the event of a severe or catastrophic accident.
Below, we review some of the necessary facts your attorney will work to uncover in order to prove you’re entitled to damages due to a slip and fall accident.
Who is Liable for a Slip and Fall Accident?
A property owner will be found negligent, and therefore liable for, a slip and fall accident when it can be proven that he or she: Knew, or through the exercise of reasonable care should have known, about a hazardous condition on the property that they own and control, and likewise failed to repair, protect against, or give adequate warning of the condition. For example, the owner of a retail store that knew that a damaged floorboard represented a threat to customers, and yet did nothing to repair it or place a sign alerting customers to avoid it, would be held liable if someone stepped on the floorboard and injured themselves.
Some of the most common hazards related to slip and fall accidents include spills, leaks, loose carpeting or poor flooring, uncovered cables and cords, broken furniture or railings, and more. Notably, anyone who has control of the property will be held liable for a slip and fall – in our retail store example, the owner of the store will be liable even if he is leasing the property from someone else unless they can prove they made multiple attempts to remedy the situation with their landlord.
Proving Negligence in a Slip and Fall
In order to win the case, your Los Angeles personal injury lawyer will gather substantial evidence demonstrating that you were injured in a slip and fall and that the accident was a direct result of the property owner’s negligence. To do so, your attorney will likely gather your doctor’s treatment notes; video footage at the property that showcases the accident and uncovers what might have happened; witness statements; and testimony from accident experts. If possible, you should call law enforcement after an accident so that they can file a police report and obtain some of these critical details for your lawyer’s use down the line.
Contact a Personal Injury Lawyer Today
Struggling to recover after a slip and fall, and looking for help paying your medical expenses and covering your lost earnings? A personal injury lawyer at our firm can help. Contact our offices today.