Why Slip-and-Fall Cases in California Are Unique
A slip-and-fall accident can result in serious injuries. If your slip-and-fall injury occurred due to the negligence of a property owner, you might be able to pursue a claim for compensation under premises liability law. Let’s examine the process surrounding slip-and-fall claims to gain a better understanding of the requirements and steps to take following a slip-and-fall accident.
Proving Negligence in a Slip and Fall Accident
Premises liability claims for slip-and-fall accidents in California have four key elements that you must prove:
- The defendant controlled, leased, or owned the property.
- The defendant showed negligence concerning reasonable care or use of the property.
- The victim suffered injuries from the slip and fall.
- The negligence of the defendant significantly contributed to the victim’s injuries.
In a slip-and-fall case in California, the central issue usually is whether the defendant acted negligently in their care or use of the property. According to state law, negligence in these cases occurs when a condition on the property created an unreasonable danger for others, which the defendant already knew or should have known, and he or she failed to either warn others or repair the condition.
For instance, a liquid spill in a department store presents an unreasonable risk of harm to customers, as nobody expects a wet or slippery floor while shopping. Moreover, the department store has several staff members and security cameras to detect the spill and address it immediately. An experienced California slip-and-fall attorney can assemble all these facts to establish negligence and build a strong case for compensation for an injured victim.
Statute of Limitations
There are time limits that apply to slip-and-fall accidents in California regarding filing a lawsuit. Under the Code of Civil Procedure (CCP) in the state, the victim can file a lawsuit within two years of the date of the slip-and-fall injury. Time is a crucial factor, and victims should consult with a California slip-and-fall lawyer as soon as possible to begin the process.
A slip-and-fall injury victim may be eligible to receive special compensation, also known as economic damages, from the at-fault party. These damages are equivalent to the out-of-pocket expenses and losses that the injured victim suffered. In California, these damages may include medical bills, loss of income, loss of future capacity to earn, and property damage, such as a broken watch, phone, or sunglasses.
General or non-economic damages refer to intangible losses that a victim may sustain in a slip-and-fall accident. These losses may include pain and suffering, emotional and psychological distress, and loss of companionship. These damages can be substantial, but they are difficult to calculate and establish. A skilled California slip-and-fall lawyer can help you recover maximum special and general damages.
A judge may award punitive damages to punish the at-fault party and set an example. In exceptional situations, you may recover these damages if your lawyer can establish that the defendant’s conduct was reckless and egregious, making additional compensation a necessary deterrent for future negligence.
Speak to a Top-Rated Beverly Hills Slip-and-Fall Attorney Today!
Have you or a loved one suffered injuries from a slip-and-fall accident? You need to retain the services of an experienced and professional personal injury attorney to get you the compensation you deserve. The expert attorneys at the Law Offices of Jeffrey Fleitman can pursue general, special, and even punitive damages against a negligent defendant on your behalf. We always provide frank and honest advice, and we will fight tirelessly to win your case. Call us today at 310-912-7625 or fill out our online contact form for a free initial consultation.