California Premises Liability Attorney: How to Prove a Slip & Fall Case
At the heart of every California slip and fall case is a simple question: who was liable for the injuries you suffered? In some cases, you might be fully at fault for your own accident, perhaps if you were trespassing, ignoring warning signs, or extremely careless. In other cases, the owner of the property might be liable. In those instances, the property owner may owe you compensation for damages such as medical bills, your permanent injuries, and your lost wages.
So, how do premises liability attorneys prove liability? In general, your lawyer will work with you to establish one or more of the following:
There was a dangerous condition on the property. This could be a slippery spot, a broken handrail, a worn carpet, a broken piece of pavement, a broken stair—or, any number of conditions which could lead to a serious injury.
The owner of the property or an employee caused the dangerous condition. If the hazard was directly caused by the property’s owner, he or she obviously knew about the problem and did not take steps to remedy it.
The owner of the property or a manager of the property was aware of the dangerous condition, but did not take steps to prevent injury. Had someone informed the landlord of the issue on the property? Was someone injured in the same way or in the same spot at an earlier time? If the owner did not take reasonable care to fix his property even though he was aware of it, he could be liable.
The owner of the property was not aware of the danger, but a reasonable property owner would have been aware. Perhaps the property owner was not aware of the dangerous issue because he was generally negligent in taking care of his property. If a property owner who takes reasonable precautions to prevent injuries would have discovered the danger, then the property owner involved in your injury case could be liable, even if he or she was unaware of the problem.
15 Liability Factors in a Fall Case
If dangerous conditions exist at a facility, they have certain legal responsibilities, including posting warnings. Poor weather and surface conditions can also affect the outcome of a case. Our website includes a list of 15 considerations that could affect your case, and a Newport Beach personal injury attorney can offer further suggestions.
It is okay if you cannot answer these questions yourself—an experienced and knowledgeable Newport Beach personal injury attorney can help you collect evidence and review your case. Call Russell & Lazarus today at (949) 851-0222 to schedule a free case evaluation. Sit down with a lawyer and tell us your story.