What Must Be Proven in a California Slip and Fall Claim?
A slip and fall can be a life changing personal injury accident. It occurs when a person loses their balance and falls because of a condition on a property, such a wet spot or decaying wood step. The accident is generally no fault of the victim's, but is a result of negligence on the part of the property owner. In such an instance, the victim can recover financial compensation for any injuries.
While there are laws in place in California to help victims of personal injury accidents, including slip and falls and auto accidents, certain elements must be met. If you believe that you may have a case, you should call an accident attorney in Los Angeles immediately because slip and fall claims are time sensitive. In other words, if you wait too long, you cannot bring your case or recover financial compensation.
Duty in California Slip and Fall
The first element in a California slip and fall case is duty. In order to be liable for your slip and fall, the person or business who owned the property must have had a duty or obligation to keep the premises safe by using reasonable measures. Common examples of this relationship include retail establishment, restaurants, or shared spaces at apartment complexes. An experienced attorney would go over the facts of your slip and fall case and help determine whether the other party had a legal duty.
The Defendant Knew or Should Have Known about the Dangerous Condition
Notice is one of the most important issues that must be proven in a California slip and fall case. Sometimes, proving notice requires the use of experts who are able to testify about the property and typical maintenance procedures. This means the property owner knew or should have known about the dangerous condition. If the defendant knew but chose to ignore the hazardous condition, notice would be established. However, the usual case is that the defendant should have known and claims that they do not know. That is where experts may be able to discuss the regular procedures involved.
The Dangerous Condition Must Be Proven to Exist
When you’re the victim of a slip and fall in Los Angeles, you know that a dangerous condition was present. However, this must be proven in a legal case. As the plaintiff, you must be able to prove that the condition was, indeed, dangerous and that the defendant knew or should have known (and corrected) the danger. What's more, you’ll also need to prove that you were using the property as it was intended to be used at the time that you were hurt.
There Must Be Actual Damages
In a California slip and fall case, you must have suffered an actual injury in order to be successful in your claim. This could mean that you were physically injured because of the fall or because something of yours broke or was otherwise ruined when you fell (such as a smartphone). An injury attorney will be able to go over the issue of damages in further detail.
For a free, no obligation consultation about your potential Los Angeles slip and fall case, contact the attorneys at Ghozland Law Firm today.
