Recovering damages from a liability accident known as a “slip and fall” in California all comes down to proving negligence. Sometimes the damages can be as small as a bruised ego and hurt pride, but other times, a slip and fall incident can have devastating repercussions for the rest of your life. The outcome of your case relies solely on you to prove to the court that any negligence has been a factor in your injury.
In that state of California, not all injuries are created equal. As the one who has gotten injured, the burden of proof is on you to show proof of injury. You must also prove negligence on the part of the other party in order to collect any type of compensation or damages.
If you slip and fall on someone else’s property, they might be liable for damages. Every case is different, and the judgement on the case will rely on several factors and a plethora of evidence. There is no sure-fire way to win a slip and fall case.
If you plan to explore your case with an attorney, here’s some valuable information on how you can bolster your chances of winning your slip and fall case and what you’ll need to do to improve your chances for success.
Common Causes for a Slip and Fall Causes
Slip and fall cases are some of the most common legal cases that are normally seen by attorneys in the state of California. These common causes are:
- Failure to put up proper signage about known hazards
- Plumbing leaks not cleaned up
- Uneven roads or road spills
- Loose carpeting
- Uneven floors
- Exposed cables and cords
- Broken or missing railings
- Broken furniture
Who is Liable for a Slip and Fall in California?
When a person or persons comes on your property, you owe them “duty of care” which applies to the people who own, lease, occupy, or control property. Even parent companies or insurance companies can be liable to pay damages to anyone who gets injured on their property in California.
What Proof Do I Need to Qualify for Damages?
To recover damages for a slip and fall accident in California, the plaintiff must establish four things:
- That the defendant owned, leased, occupied or controlled the property in question;
- That the defendant was negligent in the use or maintenance of the property;
- That the plaintiff was harmed by slipping or falling on the property
- That negligence was the main factor in causing the harm to the plaintiff.
Keep in mind, there is a limitation on how long you may wait to claim damages. Section 335.1 of the California Code of Civil Procedure (CCP) explains that you have exactly two years from the date of the injury to initiate your legal claim.
How Can I Prove Negligence?
As the plaintiff, you must prove that the defendant was negligent, and some of the ways you can prove negligence by:
- Proving that a condition on the property created an unreasonable risk of harm
- That the defendant had prior knowledge of the object that caused the injury
- The defendant failed to repair the issue or, protect against harm from the issue, or give adequate warning of the issue.
Say, for example, your apartment complex did not put out a Caution Wet Floor sign after they washed the floor and left it wet and unsupervised; that would be an example of negligent behavior and could lead to someone getting severely hurt.
What Type of Restitution Can I Get for My Slip and Fall Case?
As the plaintiff in a slip and fall case in California, you are entitled to recover any and all compensatory damages you deserve as a result of the defendant’s negligence. Compensation for a slip and fall claim can include, but is not limited to:
- Getting any and all medical bills paid for medical treatments, home health, rehab, etc.
- Recovering lost wages from your business or work,
- Recovering lost earning capacity,
- Being awarded however much the court determines the extent of your pain and suffering amounts to.
How Do I Prove the Accident was the Defendant’s Fault?
The key to winning a slip and fall case in California is to provide enough evidence that shows that a fall resulted from the defendant’s negligence. Getting help from a skilled personal jury attorney can be a huge asset and may give you the aid you need to prove your case. Evidence that you can provide includes:
- Doctor’s notes
- Physical therapy or treatment due to injury
- Video footage of the accident itself
- Witness statements
- Testimony from experts in the field of slip and fall cases
Personal Injury Help with Heart at Hann Law Firm
At Hann Law Firm, we take a personal approach from the start. Listening to our clients is at the heart of our success in the courtroom. When you work with us, we’ll address your specific challenges, prepare diligently for the best possible outcome, and create a personalized approach to help achieve your goals.
While other firms see a case number and a bottom line, we see each client as a human being who deserves justice. We know your case is important to you, and we’ll take it just as personally. You and your case matters to us.
If you have been injured in a slip and fall in San Jose or the surrounding area, contact us for your free consultation and get quality, compassionate legal help today.
