If you have been injured in a slip and fall accident in California, you may be entitled to compensation. In order to hold someone (or a business) legally responsible for the accident, you will need to prove that the other party was negligent.
To fight for compensation for your slip and fall accident, you need an experienced attorney on your side. California slip and fall attorney Johann Hall is here to help. Contact our office today to schedule a consultation to discuss your potential slip and fall case.
The Statute of Limitations for Slip and Fall Accidents
A statute of limitations is a time limit imposed by state law in which you must file your lawsuit. The statute of limitations for slip and fall accidents, generally, is two years. This means that you must file your slip and fall case before the two-year anniversary of your date of injury, or you may lose your right to pursue the case. Typically, if your case is heading toward litigation, it is a good idea to file as soon as possible rather than later to make sure that you meet all deadlines in your case.
Comparative Negligence in Slip and Fall Cases
One of the defences that the defendant in your slip and fall case may raise is that you were comparatively negligent in the accident. This means that you contributed to the accident and you were at least partially at fault for it.
If your case goes to trial and you are found to have been comparatively negligent, any damages you would have been awarded for your injuries will be reduced according to the percentage you are found to have been at fault. For example, if the jury decided to award you $100,000 but also determined that you were 20% at fault, your award of $100,000 will then be reduced to $80,000. This is one of the many reasons why it is vital to have an experienced slip and fall attorney on your side.
Premises Liability in California
A property owner is legally required to provide a safe environment for everyone legally on their property. In California, there are certain elements to a slip and fall or premises liability case that you generally must prove in order to prevail in a lawsuit against the property owner. First, you must prove that there was a dangerous condition. A dangerous condition could be in the form of liquid spilled on the floor, or a tear in carpeting that makes it easy for someone to trip.
In addition to proving that a dangerous condition existed on the property, you will also need to prove that you were injured as a result of the dangerous condition. At trial, your lawyer will likely introduce into events the medical records and bills you incurred for your treatment in connection with the slip and fall injury.
Legally, you will also need to show that the dangerous condition caused your slip and fall. If there was a dangerous condition nearby, but you fell because your shoes were untied, then even if you were injured and there was a dangerous condition, the premises owner would not be liable because your injuries were not caused by the dangerous condition.
Finally, the premises owner must have had actual or constructive knowledge of the dangerous condition. This means that the landowner had to actually know of the dangerous condition or should have known of the condition. To prove that the premises owner should have known of the condition, the plaintiff (injured victim) will need to demonstrate that a reasonable person would have been aware of the dangerous condition and would have taken steps to fix it.
Where to Begin with Your Slip and Fall Case?
To get started, you should speak with an experienced slip and fall attorney. An attorney with experience in this area can help you evaluate your case and file your case and proceed with litigation if necessary. Before your case is filed, you may have an opportunity to negotiate with the insurance company for the negligent party. You may be offered money for a settlement. Your attorney will discuss any offers with you and will recommend either settling or proceeding with litigation and trial; however, the final decision will be yours to make.
If you have recently been the victim of someone else’s negligence, contact attorney Johann Hall today at (707) 360-8717 or fill out our online contact form. We have a proven track record of success with many years of experience handling slip and fall cases along with other types of personal injury cases. We will help you fight for the compensation you deserve.