Property owners, renters, and supervisors have an obligation to keep their premises safe for those visiting or working there. If you are hurt at a property when you were legally allowed to be on there, you can file a personal injury claim for damages suffered due to that accident. If you believe you have a slip-and-fall case, it is vital to evaluate your situation and determine if it is worth pursuing legal action.
Consulting an experienced California slip-and-fall injury lawyer gives you the advantage of leveraging their knowledge and experience to your case. Slip-and-fall cases can be complex, so it is crucial to get all the help and information you can before proceeding.
5 Questions to Ask Yourself About Your Slip-and-Fall Case
A few questions to consider if you think you have a slip-and-fall case include:
1. Was the Accident Caused by Someone Else’s Negligence or Carelessness?
The first and most crucial question to ask yourself is whether someone else’s negligence or carelessness caused you to slip and fall. For your case to have legal validity, you must prove that the property owner or occupier was responsible for the dangerous condition that caused your fall. This could include things such as:
- A wet or slippery floor
- Uneven pavement
- Over-waxed or over-polished floors
- Lack of posted warning signs after mopping or waxing floors
- Broken or missing handrails for stairs
- Broken furniture
- Failure to rope off construction sites
- Loose or torn carpeting
- Uncovered cables and cords
- Inadequate lighting and other hazards.
Consulting a skilled California slip-and-fall attorney may help you establish negligence by the other party.
2. Did the Property Owner or Occupier Have a Duty To Maintain a Safe Environment?
If the answer to the first question is yes, the next question to consider is whether the property owner, manager, or occupier had a duty to maintain a safe environment. Owners or those legally in control of a property are generally required by premises liability law to take reasonable steps to ensure their place is safe for visitors and employees. This duty may vary depending on the property type and the hazard’s nature. Your lawyer will be able to review the specifics of your case and advise you accordingly.
3. Did the Property Owner or Manager Breach Their Duty to Maintain A Safe Environment?
If the party in question was responsible for maintaining a safe environment, the next question to consider is whether they violated that duty. This could include things such as:
- Failure to clean up a spill
- Failure to repair a dangerous condition promptly
- Failure to warn visitors of a known hazard
This proves negligence on the part of the defendant.
4. Were You Injured as a Result of the Slip-and-Fall Accident?
If the answer to the first three questions is yes, the next question to consider is whether you were injured due to the slip and fall accident. To have a valid legal case, you must have suffered some kind of injury or damage due to the accident. Slips and falls can lead to injuries such as fractured bones, back and spinal cord injuries, sprains, bruises, or other injuries.
You should seek medical attention as soon as possible after the accident. Keeping a record of your medical documents, such as diagnosis, treatment, and invoices, will also help you prove your case in court.
5. Did You Contribute to the Accident in Any Way?
Finally, it is essential to consider whether you contributed to the slip-and-fall accident in any way. If you were not paying attention, were distracted, or were acting carelessly or recklessly, you may be found to have contributed to the accident, and your legal case may be weakened as a result. But you may still be able to file for damages because California follows a system of pure comparative negligence. However, your compensation may be reduced by your percentage of fault.
Contact an Experienced California Slip-and-Fall Lawyer
If you have considered these questions and believe that you have a valid slip-and-fall case, it is crucial to consult with an experienced personal injury attorney to discuss your legal options. An attorney can help you determine whether you have a chance, what damages you may be entitled to, and how to proceed with your claim.
In California, the statute of limitations sets a deadline of two years after the accident date to file a personal injury lawsuit. You may lose your right to pursue legal action if you miss this deadline. The team of experienced personal injury lawyers at Setareh Law is ready to put their years of experience to work for you. Contact our English- and Spanish-speaking team today at (310) 659-1826 or fill out our contact form online for a free consultation.