The California law categorizes slip and fall accidents under California premises liability. This law requires that you prove that your accident was a result of someone else’s negligence. Among those that can be held liable include the people who own, occupy, lease or control the property. Employees and the relevant insurance company can also be held accountable. For your slip and fall lawsuit in California to be successful, there are several things you must prove.
The defendant was negligent in the maintenance and use of the property
California laws require property owners and other people responsible for taking care of properties to protect people using these properties from danger. Some of the people given this responsibility do not follow this rule strictly. These include those that fail to do repairs on the properties and those who leave clatter on the floor.
You can record the accident or take contact details of any witness who might have been present during your accident. Such evidence will prove that the person responsible had failed in their duties. It is also advisable to work with a slip and fall lawyer who can help you file the lawsuit and present evidence.
The defendant controlled, occupied, leased, or owned the property
It is also essential in California to show that the person you have filed a lawsuit against controlled the situation. The person can even be a property manager who was responsible for ensuring the property is in good condition. It can also be an event promoter responsible for ensuring all the people attending the event are using safe facilities.
You were harmed by slipping and falling on the property
Some slip and fall accidents are minor where you might fall but not get harmed in any way. You might only suffer the embarrassment of falling in front of people, and this is damage that is hard to quantify. The law requires that you show that the accident caused physical, emotional, or physical harm.
You can use the medical notes you get from the doctor who treats you as evidence. These notes are beneficial because they will show the extent of your injuries. Working with a reliable slip and fall lawyer will help you quantify other types of damages, such as loss of wages and emotional pain.
The process of filing a slip and fall lawsuit in California
After you have acquired evidence to prove the outlined things, you can go ahead and file a lawsuit against the liable parties. The statute of limitations for a slip and fall injury in California requires that you file the lawsuit within two years after the accident. The only exceptions are if you have been outside the state for a considerable period or have been too ill to file the lawsuit.
You can file the lawsuit on your own, but it is strongly advisable to work with a reliable slip and fall lawyer. The importance of this is that such cases involve some delicate details that play an integral role in determining whether your lawsuit will be successful or not. Working with a lawyer allows you to understand such details and, therefore, you get a higher chance of getting compensated.