California Slip and Fall Claims and Lawsuits: Have you been the victim of a slip and fall accident in California? Whether you fell in the supermarket or slipped on broken sidewalk outside a neighbor’s home, if you were hurt, you have the right to file an insurance claim or lawsuit for compensation.
In this article, we’ll explain how a slip and fall claim works in California, what elements are required, what the landowner’s responsibilities are, and how to file a lawsuit.
Important Essential Elements of a Slip and Fall Case
Slip and fall or trip and fall claims in California are based on “negligence law.” If the landowner’s negligence causes you to be injured, they may be liable to compensate you for your losses.
You must prove that:
- The landowner had a duty of care to you.
- They failed to perform this duty.
- This negligence caused you to be injured.
- The injury was directly related to their negligence.
What is a duty of care?
Landowners in California City are required to keep their property safe for visitors. This means they must conduct periodic inspections, identify hazards, and fix them or warn about them.
For example, a retailer must clean and inspect the store every day, while a landlord may only have to check before a holiday when guests are due to arrive.
Does this same duty apply to trespassers?
Landowners in California must exercise a certain degree of caution against trespassers, especially if they know the property is frequented by people. If children often play in a place and there is something dangerous there, the owner must be extra cautious.
Dangerous conditions and owner’s knowledge
The mere presence of a hazard is not enough. You must also show that the landlord knew, or should have known, about the hazard.
Examples:
- Broken stairs
- Wet floors
- Poor lighting
- Loose wires or hanging objects
If the hazard existed for a long time, it can be proven that the owner should have known about it.
Common arguments on behalf of owners
1. You were at fault
California is a “comparative negligence” state, which means that if you are partially at fault, your compensation may be reduced.
2. The hazard was open and obvious
If the hazard was so obvious that any reasonable person could have seen it, owners cannot be held responsible.
3. You knowingly assumed the risk
If you were involved in a dangerous activity – such as bungee jumping or playing on a trampoline – the owner is generally not liable.
Statute of limitations
The statute of limitations for slip and fall cases in California City is just two years. If you don’t file a lawsuit in time, your claim could be lost forever.
The statute of limitations for falls on government property or special circumstances may vary, so be sure to consult an experienced California personal injury lawyer.
Do you need a lawyer?
- If the case is straightforward and simple, you can try it yourself.
- But if the case is complicated or the opposing party’s insurance company is on standby, legal advice is crucial.
- A California slip and fall lawyer can greatly help you gather evidence, prepare a lawsuit, and get the compensation you deserve.
Also Read: What evidence is needed for a slip and fall case in Georgia?