In California, slip-and-fall accidents fall under the category of premises liability law, which holds property owners responsible for maintaining their property in a safe condition. If someone suffers an injury on someone else’s property due to hazardous conditions, they may have grounds to file a personal injury claim. Contact a skilled Bakersfield, CA slip-and-fall lawyer today for a free consultation.
What Is a Slip-And-Fall Case?
A California slip-and-fall accident falls under the state’s premises liability law. Premises liability requires property owners to maintain their property safely. Premises liability cases are negligence actions, so plaintiffs will need to prove each element of a negligent claim.
What Are The Elements of a California Slip-And-Fall Case?
The injured party must prove the following elements to pursue a slip-and-fall claim in California successfully.
Duty of care. Landowners owe a duty of care to visitors or customers. The duty of care for California business owners can be found at Cal. Civ. Code section 1714 (a).
The plaintiff must show that the defendant breached the duty of care. A breach of duty means the landowner failed to take reasonable steps to help their guests or customers avoid an injury.
The plaintiff must show that there was an injury. Common types of injuries that happen in slip-and-fall accidents can include the following.
- Sprains and strains
- Broken bones
- Head injuries
- Back and spinal injuries
- Knee injuries
- Hip injuries
- Facial injuries
- Soft tissue injuries
- Tendon and ligament tears
- Internal injuries
- Emotional and psychological injuries
The plaintiff will also need to prove that the accident caused the accident.
Dangerous Condition
The injured party must show that there was a hazardous condition on the property. Common examples of dangerous conditions that might cause liability to the owner can include debris, poor lighting, loose flooring, or wet floors.
Knowledge or Negligence of the Property Owner
State law requires that a plaintiff shows that the property owner knew of a dangerous condition and failed to correct it. Failure to fix a hazardous condition on one’s property is negligent.
The plaintiff must show that the property owner either knew or should have known about the dangerous condition and failed to take steps to fix it. It can include actual knowledge or constructive knowledge of the condition.
Injury
The plaintiff must prove that the slip-and-fall incident caused actual harm or injury to them. It can include physical injuries like sprains, fractures, or head trauma, as well as emotional distress or lost earnings due to missed work.
Causation
The dangerous condition must have caused the plaintiff’s injury. There must be a direct link between the dangerous condition and the injury. For example, if the fall happened because of a wet floor, the wetness must be the cause of the injury.
Examples of Dangerous Conditions That Property Owners Should Be Aware of
The property owner must have knowledge (either actual or constructive). The plaintiff must prove that the landowner knew about potential damages, including the following examples:
- Unsecured objects hanging from the ceiling or shelves
- No railings, guardrails, or handrails
- There is inadequate lighting in high-traffic areas
- Uneven surfaces like cracked or broken pavement
- Accumulations of snow, water, or ice
- Slushy or wet entryways
- Improperly maintained stair runs or risers, especially if the stairs are not adequate or are not of industry standard size.
- Loose surfaces that can be a trip hazard, like rocks, gravel, or sound
- Unsecured or torn carpets or rugs
Dangerous conditions might cause a slip-and-fall, which can end in serious injuries. An attorney can help discover your right to recover compensation. Contact a Bakersfield, CA personal injury lawyer now if you have suffered an injury or a loved one was killed in a slip-and-fall accident in California.
Actual Knowledge Vs. Constructive Knowledge
The law allows landowners to take responsibility for an accident, whether they have actual or constructive knowledge of the hazardous condition. Here is the difference between actual and constructive knowledge.
Actual Knowledge
A landowner has actual knowledge of a dangerous condition on their property if they see or are warned about the condition. You will need evidence to prove that a landowner has actual knowledge of a hazardous condition. Examples of what shows that landowners had actual knowledge of a potentially dangerous condition include the following.
- The landowner was aware of prior incidents regarding the condition or has previously received complaints.
- The landowners or their agents offered testimony that suggests they knew about the dangerous condition and when they learned of it.
- The landowner has previously received notice of the dangerous condition through text messages, emails, or other communications.
- The landowner has received maintenance records asking them to deal with the dangerous condition.
- The landowner has seen or been provided with surveillance photos or videos that clearly show that the dangerous condition existed before the accident.
- The landowner received inspection reports from government agencies that notified them of the dangerous condition of their property.
- The injured person can prove through witness testimony that the landowner knew of the dangerous condition before the accident.
A slip-and-fall accident lawyer will help collect the evidence you need to win your case against a negligent property owner.
Constructive Knowledge
A landowner has constructive knowledge of a dangerous condition if they should have known about the hazard. Constructive knowledge might be harder to prove, but an attorney can help you get what you need after an accident.
Constructive knowledge can be enough to prove your case. To prove that the landowner had constructive knowledge of the dangerous condition, you might need to present evidence of the condition’s existence before you suffered an injury.
Common examples of constructive knowledge include:
- Dirty or wet bathroom floors
- Obstructions in a hallway or aisle
- Icy steps or sidewalks in Winter
- Pothole on property
- Uneven flooring in a hotel or restaurant
- Poor lighting in a parking lot
- Spilled liquid on a grocery store floor
- Fallen objects in a supermarket
- Cracked sidewalk outside of a business
- Wet floors in a store or restaurant
Are There Defenses in Slip-and-Fall Cases?
Of course, a property owner and their insurance company will want to avoid taking responsibility for the accident and avoid making payments to an injured person. In slip-and-fall cases, the property owners may argue several defenses, including the following.
No Causation
The defendant may argue that the injury was caused by something other than the condition of the property (i.e., the plaintiff’s own actions or pre-existing condition).
Open and Obvious Hazard
The defendant may argue that the dangerous condition was obvious, and the plaintiff should have seen and avoided it (for example, a large puddle in the middle of the floor). Having an attorney will increase the likelihood of you getting what you deserve after being injured in a fall.
The Plaintiff’s Negligence
If the injured party was partially at fault (for example, they ignored warning signs or were not paying attention and got injured), the defendant may argue that the plaintiff is partly responsible for the injury. Having your attorney can help combat these arguments so you can get what you deserve after a slip-and-fall accident.
No Knowledge of the Hazard
The defendant may argue that they did not know about the hazardous condition and had no reasonable way of knowing about the dangerous condition.
Do Trespassers Have a Right To Sue In California After a Slip-and-Fall Accident?
Whether the plaintiff has the right to receive compensation depends on their status while on the landowner’s property. Here is the overall breakdown of how plaintiffs get their status.
Duty of Care
Property owners have to exercise reasonable care in the maintenance of their property. It includes regularly inspecting the property, addressing known hazards, and providing warnings about potential dangers like wet floors or uneven flooring.
Types of Visitors
The duty owed to a person on the landowner’s property may vary depending on their status, including the following.
Trespassers
Trespassers might get hurt on another person’s property, but they generally do not have the right to recover compensation. The property owner owes the highest duty of care, including actively inspecting for hazards and repairing them.
Licensees
Licensees are social guests or others who have permission to be on the property. The property owner must warn them of any known hazards but does not have to actively inspect or fix unsafe conditions.
Invitees
Invitees are people who are invited onto the property, like customers in a store. The property owner owes the highest duty of care, including actively inspecting for hazards and repairing them.
What Should I Do After a Slip-and-Fall Accident?
The steps you take after a slip-and-fall accident are vital to the potential success of your claim. To improve the chances of winning a slip-and-fall claim, it is important to do the following.
Preserve Evidence
Keeping medical records, witness statements, and other documentation supporting your case is important.
Seek Medical Attention
See a doctor right away, even if the injury seems minor. This helps establish the connection between the fall and the injury.
Report the Incident
Notify the property owner or manager of the accident as soon as possible and file an incident report.
Document the Scene
Take photographs of the hazardous condition, your injuries, and the surrounding area immediately after the fall if possible.
Taking these steps after an accident can help increase the odds of you getting the financial recovery after an accident.
What Damages Are Available in a California Slip-and-Fall Case?
If successful, the injured party in a slip-and-fall case may be entitled to various types of damages, including:
Economic Damages
Economic damages typically include physical and tangible accident-related losses. Discussing your losses with a slip-and-fall attorney can help identify all of your losses. Examples of common economic damages can include the following:
- Current and future lost earnings
- Current and future medical expenses
- Property damage
Non-economic Damages
Non-economic damages are intangible losses that happen after an accident. Non-economic damages can be hard to quantify, so working with slip-and-fall attorney is the best way to ensure you get everything you deserve after an accident. Common examples of non-economic damages can include the following:
- Lost enjoyment of life
- Reduced quality of life
- Inconvenience
- Embarrassment
- Disability
- Pain and suffering
Punitive Damages
Punitive damages are not meant to compensate the victim but to deter the defendant’s outrageous behavior. They are not always available; in fact, they are rarely awarded. Contact an attorney to discuss the potential availability of punitive damages after a slip-and-fall accident.
Working with an experienced attorney is the best way to get the best outcome from a slip-and-fall lawsuit. Contact a qualified slip-and-fall accident attorney if you believe you suffered an injury on someone else’s property due to their negligence.
Statute of Limitations for California Slip-and-Fall Claims
California state law does not give plaintiffs unlimited time to file a lawsuit after a slip-and-fall accident. The statute of limitations for filing a slip-and-fall lawsuit is generally two years from the date of the injury. This means the injured party must file their lawsuit within this timeframe or lose the right to seek compensation.
There are few exceptions to the statute of limitations, but some exist. In some situations, the statute of limitations may be extended. For example, if the injured party is a minor or mentally incapacitated, the time limit may be paused until they can file the lawsuit.
Special Considerations in a Slip-and-Fall Accident
Special considerations exist in a slip-and-fall accident in California, especially for elderly people and children.
Young children may suffer different types of injuries, such as concussions, fractures, or soft tissue injuries, from falls. Children’s smaller size and developing bones make them particularly susceptible to severe fractures.
Older adults are particularly vulnerable to severe injuries, such as hip fractures or head injuries, from slip-and-fall accidents. The recovery process may be longer, and the risks of complications (such as infections) are higher.
Contact a California Slip-and-Fall Accident Attorney Today!
You deserve support after a slip-and-fall accident. Knowing how to assert your rights after a fall can be difficult, but having an attorney’s help can make all the difference when pursuing compensation for your injuries. Contact a slip-and-fall lawyer today to ensure that your legal rights are protected after an accident.