Premise Liability
Both public and private places are often fraught with hazards that can lead to slip and fall accidents. These accidents can produce injuries that result in lasting physical pain and large medical bills. Fortunately, with the right attorney, one can hold negligent property owners responsible and receive financial compensation for injuries sustained as result.
Slip and fall accidents can occur due to a wide array of scenarios, including loose carpeting, uneven flooring, spills, uncovered cables or wires, and/or broken furniture. Slip and fall accidents are also not limited to construction accidents, poorly lit walkways, broken handrails, and failure to put up warning signs about known hazards. While one might not assume slip and falls to be particularly deadly, they do account for an incredible amount of injuries and hospital visits each year. Falls are responsible for 8 million emergency room visits annually, with fractures as the most serious form of injury resulting from these accidents. Additionally, slip and fall accidents are especially pertinent to citizens over the age of 65. In fact, one in three persons over the age of 65 will experience a fall in the United States, and more than 15,000 people over 65 die from falls each year.
Therefore, slip and fall accidents should not be taken lightly, and we specialize in making sure that your accident is accounted for.
In California, these types of accidents fall under “premises liability” laws. The circumstances of the accident must, therefore, meet the “premises liability” criteria in order for one to be eligible for financial compensation. In order to recover damages, a plaintiff must prove four things:
- The defendant owned, leased, occupied, or controlled the property
- The defendant was negligent in the use or maintenance of the property
- The plaintiff was harmed by slipping or falling on the property
- The defendant’s negligence was a substantial factor in causing the harm to the plaintiff
Here one might wonder what constitutes “negligence,” which is vital to prove in order to meet the criteria for premises liability. A property owner is considered negligent when:
- The property was in a condition which created an unreasonable risk of harm
- The defendant was well aware of the hazard on his/her property
- And the defendant failed to repair the condition, protect against harm from the condition, or warn against it
If one can prove that the property owner was negligent at the time of the accident, the victim can then be entitled to various forms of compensation for damages. It is therefore important that if you are the victim of a slip and fall accident, you take detailed pictures of the scene, gather witness contact information, and try to locate the source of the hazard that caused the fall. All of this information can be used to prove negligence on behalf of the property owner and aid in the resolution of your potential case. Slip and fall victims can also receive compensation for both economic damages and non-economic/general damages. Economic damages that a victim can recover include medical expenses, property damages, and loss of earnings. Recovery for general damages includes, but are not limited to, pain and suffering, loss in quality of life, and loss of consortium.
It is crucial to have an experienced attorney who knows how to navigate the specifics of slip and fall accidents and fight for the best possible settlement. No matter how serious or severe the accident, we are here to help.
If you or someone you know has been the victim of a slip and fall accident, please call for a free consultation at 714-406-1074