What must be shown to recover damages after a slip-and-fall?

| Jul 21, 2021 | Premises Liability | 0 comments

Property owners in California must take all reasonable steps to ensure the safety of others on their properties. Wet floors or randomly placed objects or debris could cause someone to slip or trip, causing a fall in the blink of an eye. If such an incident causes injuries, the property owner might face a premises liability lawsuit. 

The victim of such an accident might consider filing such a lawsuit. However, it is a complicated field of law. The plaintiff would have to prove negligence on the defendant’s part caused the accident and was the proximate cause of the resulting injuries. The following are aspects related to the accident the court would consider before awarding a monetary judgment: 

  • Did the property owner know about the danger? 
  • If not, should he or she have known of it? 
  • Did the owner take reasonable steps to address the danger to protect the plaintiff from harm? 
  • Did the negligence of the property owner cause the plaintiff’s injuries? 

The court requires additional proof 

To have a viable claim, the plaintiff would need to show that the accident and the injuries suffered were reported to the owner of the property at the first opportunity. If the injured person took any of the blame for the accident at that time, it could jeopardize the claim. 

Furthermore, no personal injury claim can be successful without proof of medical expenses linked to the accident. Thus, records of prompt medical attention will be necessary, and it is essential to tell the medical care provider precisely what happened. 

Depending on the circumstances of the slip-and-fall accident in California, getting details of witnesses and even taking photos might help in the navigation of a successful premises liability lawsuit in pursuit of financial relief.