Tripping accidents are quite common in California. These cases fall under a premises liability lawsuit. According to the premises liability law, every property owner has a responsibility to protect people from hazardous conditions that may cause injuries. If the owner fails to provide a safe environment for everyone using his/her building, they could be held accountable if people sustain injuries on the property. If you are a victim of someone’s negligence, an experienced slip and fall lawyer in Carson, CA at Salamati Law will be able to assist you with these types of cases. In order to have a successful case in California, you must prove four important elements. These elements include:
Ownership of the property by defendant
It must be proven that the defendant is the owner or was in charge of the property when the incident took place. Parties such as landlords, leasers, property owners and occupiers may be held liable for negligence.
Property owner’s negligence
Negligence refers to recklessness or carelessness. It is irrational behaviour that other people cannot commit in similar circumstances. A property owner can display negligence by not properly maintaining the premises and leaving faulty parts unrepaired for years.
The negligence caused the accident
To get compensation, the attorney must establish causation between the property owner’s negligence and the incident. It must be established that the incident wouldn’t have happened if it were not for the owner’s negligence.
You sustained injuries or losses
You should have evidence of losses that you sustained in the accident. Compensable losses include injuries, lost wages, and medical bills.
Moreover, for a property owner to be held liable for any tripping incidents and subsequent injuries on his property, it must be proven that the owner knew about the hazardous condition but failed to correct it. Additionally, the owner may be held legally responsible for losses if he created the hazardous condition which caused the accident or should have known about it and taken the steps to prevent injuries.
Another factor will include how long the dangerous condition existed in the premises and what the owner did to deal with the issue. Investigations will reveal whether the property owner tried to fix the issue or not and if his or her response was appropriate. The victim’s actions will also be taken into consideration to see whether any carelessness contributed to the accident.
In some states in California, there is comparative negligence law, which means the victims can also be partially held liable for their injuries if they ignored any warning signs or acted in a careless manner. The comparative negligence law will be used to determine the party to be compensated and how much they will get in the case.
If you or a loved one has been involved in a tripping incident and you need justice or compensation for any damages incurred, look for a great attorney in California to assist you with the lawsuit. Compensation can help you cater for all the medical bills, lost wages, reduced quality of life, pain and even suffering.