When slip and fall accidents
are caused by an outside factor and not by the victim’s own misbehavior or lack of attention, the owner of the premises, or an employee, can be held liable for the damages. Settling a slip and fall accident by proving the defendant’s negligence can be accomplished in either scenario: if the victim just wants to obtain an insurance settlement or if he has decided to file a personal injury lawsuit.
One of our Los Angeles personal injury attorneys
can help you claim damages if you have been hurt in a slip and fall accident. Proving that the other party is at fault and that you had no doing in the accident can be more complicated sometimes, depending on the manner in which the accident took place and where it happened. A lawyer can help you go through all of the stages of the settlement or negotiation.
Liability in slip and fall accidents
A plaintiff’s slip and fall claim
is based on whether or not he can prove that the property owner is to blame. In these types of cases, the situation will commonly be reduced to proving one of two scenarios:
- the owner of the premises should have paid more attention to the upkeep of the area and should have excised reasonable care to prevent and/or recognize a dangerous condition but he failed to do so;
- the owner of the premises caused the effective dangerous condition by placing hazardous obstacle and not signaling it and it would have been very easy for someone to be injured in those conditions.
The defendant can be the owner of the premises himself or one of his employees, of the task of keeping the premises safe was specifically entrusted to him. Determining the party or parties at fault is an important step and a Los Angeles personal injury attorney can give you the needed help at this stage.
Proving negligence in slip and fall accidents
In order to prove a slip and fall accident, one must be able to show that the defendant’s actions directly caused the fall and the injuries. Several types of evidence are very useful for this purpose, including medical records and/or statements, pictures from the location, eyewitness testimonies, etc. One of the Los Angeles personal injury lawyers can help you consider the main questions you should be able to answer when building your slip and fall case, including issues like: did the hazardous situation exist for a long time or if the landlord did take some action to remove it.
Because California has a pure comparative negligence rule
, in any personal injury accident the defendant can argue that the plaintiff is also to blame for the accident to some degree. However, according to this rule, the plaintiff can still claim compensation even if he is indeed to blame.