California Slip and Fall Law
If a person was hurt in a slip and fall accident, he or she may be entitled to compensation under certain circumstances. These cases are known as premises liability. The accidents are usually covered under a homeowner or property owner’s insurance policy.
Owners of property have a responsibility to keep their premises reasonably safe and free from hazards. This means that the owner should clean up spills, fix dangerous conditions and clear hazards from the property. If he or she does not do this, then a victim in a slip and fall accident may be able to file a lawsuit against the owner of the property where the accident occurred.
To prove a premises liability case, a plaintiff has to show more than just that they got hurt on somebody’s property. Instead, a plaintiff has to prove that the property owner’s negligence (or failure to use reasonable care) was the cause of their injuries. This requires showing that the property owner was negligent in maintaining, designing or constructing the property and that he or she knew, or should have known, about the condition but failed to fix it. For example, if something spills in a store and a person immediately slips on it before the owner ever knew about the spill, then the owner will not likely be found liable for the injury. But if the owner was told about the spill and did nothing to clean it up or warn other customers, then he or she could be responsible.
In addition to proving that the owner was negligent, a plaintiff must also prove that he or she acted reasonably and could not have prevented an accident. If a person was sliding down a railing and got hurt when it collapsed, instead of using it as it was intended (holding it while walking down the stairs), then he or she may not be able to recover for their injuries. Finally, you must have lawfully been on the property at the time that you were hurt.
The attorneys of the Winter Law Group are skilled at handling all types of slip and fall accidents, including those involving falls on property owned by the government. We will fully investigate each case to find all possible responsible parties and will work with our clients to help them recover from their injuries and for their losses.