Many injuries that occur on someone else’s property occur as a result of someone slipping or tripping. According to the National Flooring Safety Institute, more than 1.1 million individuals from the United States visit emergency rooms every year because of slips, trips, and falls. A California establishment or landowner may be held responsible for injuries sustained on its premises if the incident was the result of their negligence.
To file a premises liability claim after a fall on someone else’s property is an option. If they want justice and money to pay their costs, victims of personal injuries need to understand how to file a claim. premises liability attorney provides a comprehensive overview of claims pertaining to slip-and-fall accidents in the following blog article.
Why People Usually Fall Over And Get Hurt
Accidents involving a slip, trip, or fall can happen for many different causes. In many cases, the presence of a potential health or safety risk on the premises is directly to blame for the incident. The following are just a few examples of the most typical safety issues that might lead to slip and fall accidents:
- left-over messes;
- a floor that is too smooth and therefore dangerous;
- uneven and unusually rough flooring;
- Broken floorboards;
- Carpets that are worn or asymmetrical;
- hanging wires and cords;
- Messes in the common spaces where people sleep;
- Rubble and flaws from building projects;
- There were no indications to alert people that the floor had recently been swept;
- Damaged or missing stairways; and
- Dim lighting, especially on the stairwells.
For legal purposes, negligence is the determining factor in slip and fall accidents. That’s why it’s crucial to zero in on the specifics of what led to an accident. An experienced Stockton personal injury attorney should conduct a thorough, detail-oriented investigation of any and all significant slip and fall accidents.
A Duty Of Care Is Owed By Owners Of Businesses And Property
You shouldn’t have to worry unduly about your safety whenever you set foot on someone else’s land. In the Golden State, it is the law that businesses, organisations, and property owners must ensure the safety of their customers and visitors. When they don’t, it can lead to unfortunate outcomes like injuries and property damage, and they’ll be held responsible for those. A company or property owner in California is not always responsible for injuries sustained in a slip and fall. They’re only responsible if their carelessness directly led to the incident.
What You Need To Know About Filing A Claim After A Slip And Falls Accident
The owner, lessor, or controller of property is negligent “if that person fails to employ reasonable precautions to keep the property in a fairly safe condition,” as stated in the Constitutional Council of California Civil Jury Instructions . Numerous variables affect what level of care is considered reasonable. In California, the plaintiff will often need to prove these following five facts in order to win a damage claim arising from a slip and fall accident:
- The defendant (company, group, or house owner) was in charge of maintaining the premises where the slide and fall happened;
- Reasonable danger of injury due to slipping or tripping was present on the site due to a preexisting condition;
- The defendant knew or should have known about the tripping or sliding hazard, but did nothing to fix it or warn visitors;
- According to the complaint, the plaintiff was injured when he or she tripped over the hazard.
- The plaintiff was hurt physically in the fall.
Last but not least, claims for injuries sustained in slip and fall accidents are fact-heavy tort cases. To what extent a company or property owner can be held responsible for an incident depends on the actions they took, or failed to take. Victims of significant slip and fall accidents in Stockton, California should consult with an attorney experienced in premises liability lawsuits as promptly as possible after the event. This is because defendants in these instances frequently do not waste time in constructing their defence.
Time Limits For Pursuing Compensation After A Slip And Slide Accident
In California, the statute of limitations for filing a claim following a slip-and-fall accident is three years. There is a two-year time limit on filing a slip-and-fall personal injury claim in California, per the Civil Procedure Code 335.1. You have only two years from the date of your slip or trip and fall injury to initiate a case for damages. If you’ve been hurt in a slip and slide accident, don’t delay in filing a claim or you might not get the money you’re owed.