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Do all slip-and-falls lead to a premises liability case?

On Behalf of | May 24, 2024 | Slip-And-Falls

Visitors to a restaurant, mall or even a residential area should be able to go about their business without worrying about getting hurt. Unfortunately, that’s not always the case. People suffer from injuries due to preventable incidents like slip-and-falls and dog bites all the time.

The path to recovery from these injuries can be physically and financially stressful. So, the injured might consider filing against the person liable, such as the property owner.

However, it’s essential to know that not all injuries are compensable in a premises liability case. The specifics of the situation greatly matter.

Elements of a valid liability case

A valid premises liability case requires the following elements:

  1. The property owner failed to keep everyone safe, including the injured party.
  2. This failure could be due to not taking care of their property properly.
  3. The injury happened directly because the owner didn’t properly care for the property.
  4. Because of these failures, the injured person had to deal with damages, such as medical bills and lost earnings.

Consider the example of a slip-and-fall. If the property owner knows how unsafe their property is because of things like a loose tile or a wet floor, they have a responsibility to correct the issue or warn visitors. If they fail to do so and a person is injured due to these conditions, the injured party could potentially have a valid liability case on their hands.

Determining a case’s legal hold

In California, the law operates under a system known as ‘comparative negligence.’ If the injured party contributed in some way to their accident—such as not paying attention to where they were going—the damages awarded could be reduced.

While it’s unfortunate that injuries from slip-and-falls and other incidents occur, not all such incidents lead to premises liability cases. The specifics of the situation, including the actions of both the property owner and the injured party, greatly influence the outcome.

Understanding state laws

It’s critical to evaluate a situation against California’s rules on negligence to assess the strength of a liability claim. However, understanding whether a case is valid takes time and effort.

As such, those injured on someone else’s property should consider seeking an attorney. An attorney experienced in premises liability can offer guidance tailored to their specific needs.