It can be challenging for slip and fall victims to secure the compensatory damages to which they’re entitled. As the plaintiff, you may be going up against a big corporation, health care facility, or even the city government.
If the property owner was negligent and permitted hazardous conditions to persist, causing your injury, you have the right to seek compensation for your medical bills and other losses. A Los Angeles premises liability lawyer can help you prove negligence after a slip and fall accident.
The Role of Negligence in Los Angeles Slip and Fall Accidents
Negligence is a legal concept that determines whether a property owner abandoned their duty of care for the safety of visitors to their property. It’s a four-prong proof that your lawyer must establish, and each of these four elements must be proven for a valid premises liability case:
- The property owner owes you a duty of care
- Their actions or inaction breached this duty of care
- The breach of duty of care led to your fall and injury
- The injuries resulted in economic losses (medical bills, missed wages from work)
Proving that the property owner owed you a duty of care — the first step a premises liability attorney must take to prove your California slip and fall claim — involves several facets.
Duty of Care in Los Angeles Slip and Fall Cases
The concept of “duty of care” means that a property owner is responsible for keeping the premises safe for people, including recognizing and removing hazards. A property owner could be guilty of breaching their duty of care if:
- They become aware of hazardous conditions on their property
- They do not remove or repair the hazard in a timely manner, OR
- Do not warn property visitors about the hazard
Addressing unsafe conditions can include regularly inspecting the property for hazards, wiping up wet spots immediately, and blocking off the damaged section of a floor so that people won’t trip over it.
Failure to do so can be argued to be a failure of the responsibility of care, and therefore any injuries a property visitor experiences would be the fault of the property owner.
Comparative Negligence in California Slip and Fall Cases
California is a comparative negligence state, meaning multiple parties can be responsible for the accident, including the victim themselves. You may be found partially to blame for the accident. For example, if you were wearing unsteady shoes or running, the property owner’s lawyers may argue that you also contributed to the accident.
Under comparative fault laws, your settlement award could be reduced by the percentage of the blame you shouldered for the accident.
How Your Lawyer Proves Negligence in a Slip and Fall Case
A premises liability lawyer in Los Angeles can prove your slip and fall negligence case by:
- Investigating the safety records of the property owner
- Examining the area where you fell for permanent hazards
- Reviewing any video footage of the accident
- Looking for records of accidents in the same place
- Talking to witnesses who saw the fall
These are just a few of the elements that go into proving that the property owner was negligent.
Do you need a Los Angeles premises liability lawyer?
If you have slipped or tripped and fallen due to hazardous property conditions, you could have grounds for a personal injury lawsuit.
Each Los Angeles premises liability lawyer at Saeedian Law Group can tackle even the toughest slip and fall cases, and we’re ready to fight for you. Contact us today to schedule your free initial case evaluation.