Slip and fall injuries are quite common, unexpected, accidents that have the potential to cause severe injuries. They can occur anywhere, on commercial or residential property, which can sometimes make holding a singular party liable complicated. Our California personal injury team outlines what you need to know below.
What Causes Slip and Fall Accidents?
Slip and fall accidents are not isolated to a certain type of weather condition or floor material, but they can certainly be key factors causing passers-by to fall. Some of the most common slip and fall injuries stem from:
- Wet or slippery floors that have recently been cleaned
- Loose or uneven floorboards that are lacking the proper signage
- Warped stairs
- Stray or hanging cords that can be tripped over easily
- Torn carpet that feet can get caught in
When conditions like these exist on a property, it is typically the property owner’s job to have and maintain a safe environment for any visitors or customers. If there are messy, slippery, or damaged floors that are not accompanied by warning signs, the owner of the property can usually be held responsible.
When Seeking Damages
In the state of California, there is a statute of limitations (meaning there is a certain time limit on when you are allowed to file a lawsuit on the matter) regarding slip and fall accidents. In California, you are allowed to file a lawsuit within two years of an accident caused by someone else’s negligence.
However, if you were to break a piece of personal property, such as your phone or a watch, you would be afforded a separate three-year deadline to file a lawsuit.
But what if the owner of the property is arguing that the individual who fell is also at fault? In these cases, Calfornia looks through the lens of comparative negligence. Usually, these cases are on the basis that the individual:
- Was not paying attention to where they were walking or was distracted
- Was on a part of the property they were not supposed to be in
- Did not pay attention to the proper signage or warning for the damaged property
- Should have found the dangerous condition to be obvious
If the property owner was to be successful in defending one or more of these claims, the individual filing the lawsuit could have their reward in damages significantly reduced by the court.
Get in Touch With Us Today
No matter the circumstance surrounding the incident, it is always wise to consult legal guidance when filing a lawsuit. At The Sexton Law Firm, we are equipped to guide you through the process and formulate a strategy to get you the compensation you deserve.
If you would like to learn more about how we can help you, don’t hesitate to get in touch with us today through our online contact form or give us a call at (619) 202-8976 to schedule your consultation today!