How to Prove Negligence in a Slip and Fall Case

We have all been there. Even if you’re paying attention, you can still slip and fall down. In many cases, it’s just a matter of bad luck. But if you fell because of an unsafe condition, then you could hold the property owner responsible for your injuries.

Slip and fall cases are a type of premises liability claim. To prove that the property owner was negligent, you will need to prove that they knew about a hazard on their property and that they failed to either repair it or warn people about it. If you are hurt in a slip and fall, you may recover financial compensation for your losses through a settlement or verdict at trial.

Based in Walnut Creek, Appel Law Firm LLP represents accident victims throughout Northern California. We offer free initial consultations and never charge a fee unless we recover money for you. Reach out today to talk to a Walnut Creek slip and fall attorney about your case.

Elements of a California Slip and Fall Case

Not every slip-and-fall accident will result in a lawsuit. Sometimes, you might fall because of clumsiness, not paying attention, or for no real reason at all. But if you fell because of some type of hazard – like wet floors, broken tiles, or a missing railing on a set of stairs – then you may be able to file a claim against the property owner and their insurance company.

Slips and falls are considered premises liability cases, which fall under the broad category of personal injury law. Most personal injury cases are based on a theory of negligence or carelessness. With premises liability claims, the standard of proof is a bit different than something like a car accident case.

Premises liability cases can be brought against anyone who owns, leases, occupies, controls, or insures a piece of property. People owe you a duty of care to protect you from harm when you enter their property. If you fall on someone else’s property, then you can bring a claim against them – even if they are just renting the house. You can even potentially file a claim with a government agency if you fall on public property.

To recover financial compensation in a slip-and-fall case, you will need to show the following elements:

1. The at-fault party (the defendant) owned, leased, occupied, or controlled the property;
2. The defendant was negligent in how they used or maintained their property;
3. You (the plaintiff) were harmed by slipping or falling on the defendant’s property; and
4. The defendant’s negligence was a substantial factor in causing you harm.

So how exactly do you prove negligence? For other types of personal injury cases – like car crashes – you can prove negligence by showing that the defendant was speeding or ran a stop sign (for example). For premises liability claims, you will likely need to show that:

1. A condition on the defendant’s property created an unreasonable risk of harm;
2. The defendant knew, or through the exercise of reasonable care, should have known about the hazard; and
3. The defendant failed to repair the condition, protect against harm from it, or warn you about the condition.

For example, consider a situation where you slip and fall on a wet floor at the grocery store. The store owner’s responsibility for your injuries will depend on a few factors. For example, if the floor was wet from mopping and an employee never put up a sign to warn customers about it, then the store will probably be considered negligent. However, if the floor was wet because another customer spilled their coffee on the floor just moments before you fell, then the store probably wouldn’t be considered negligent because they didn’t know about the hazard.

Importantly, if you were trespassing at the time of your fall, then you probably can’t recover financial compensation from the property owner. Similarly, if the hazard was obvious to a reasonable person – such as a torn-up portion of a sidewalk that was cordoned off with caution tape – then the property owner probably wouldn’t be considered negligent.

In some cases, the injured person might bear some responsibility for their fall – such as if you were on your phone at the time. California is a pure comparative negligence state. This means that even if you were also a bit negligent, you can still file a personal injury lawsuit against the defendant. Your total compensation will then be reduced by the percentage that you were at fault.

Proving negligence in a slip-and-fall case can be tricky. Your California personal injury lawyer will review accident reports, interview witnesses, and analyze photos and videos of the accident scene to put together a strong compensation case. They will also gather medical records to prove the extent of your injuries due to the fall.

How Long Do I Have to File a Slip and Fall Lawsuit?

If you have been hurt in a slip and fall accident, you typically will have 2 years from the date of the accident to file a lawsuit. This is known as the statute of limitations, a legal standard that limits the amount of time that a person has to file a lawsuit. If the victim is a minor or the defendant is out of state, then the statute of limitations will be paused. In addition, if the defendant is a government agency, then you have 6 months to file a claim.

Filing a claim with the at-fault party’s insurance company is the best way to get compensation for your slip and fall injuries. Through a lawsuit, you may recover money for your:

• Medical expenses
• Future medical treatment
• Lost wages
• Reduced earning capacity
• Property damage
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Scarring
• Disfigurement

In more unusual cases, if the property owner acted intentionally or recklessly, then you could also seek punitive damages.

Most premises liability cases are resolved through a settlement. However, if the insurer refuses to offer you fair compensation for your losses, it may be necessary to take the case to trial. A skilled Walnut Creek personal injury attorney will help you get the compensation that you deserve for your injuries.

Hurt in a Slip & Fall? Give Our Law Offices a Call.

Falling can be embarrassing – and can also cause serious injuries. If you have been hurt in a fall, you might be entitled to financial compensation for your injuries. Our law firm will advocate for your right to a fair settlement and hold the property owner responsible for their negligence.

At the Appel Law Firm LLP, we represent people who have been hurt in all types of accidents. For each case, our goal is to get our clients maximum compensation so that they can move forward with their lives. To learn more or to schedule a free consultation with a Walnut Creek slip and fall lawyer, call us at 925-938-2000 or fill out our online contact form.