If you injure yourself on the property of another person, there are certain instances in which they can be found at fault. One example is a slip and fall accident. While you are not automatically entitled to compensation for damages because you fell on their property, it is possible that they are liable. Contact The Law Offices of Larry H. Parker at 800-333-0000 to talk to an attorney who can help you determine the right way forward.
Determining Liability for Slip and Fall Cases in California
People in California are owed a duty of care when they enter someone’s property. This applies whether the person in charge of the property owns it, is leasing it, is occupying it, or is just controlling it (such as a property management company). There are others who could be liable for the damages during a slip and fall accident, such as insurers. Your attorney can determine fault in your particular case.
You Must Show Four Elements to Recover Damages
If you want to recover compensation for your damages, you will need to prove the following four factors:
- The defendant leased, owned, occupied, or otherwise controlled the property on which you were injured.
- The defendant was negligent in maintaining or using the property.
- You were injured by slipping or falling on the said property.
- The defendant’s negligence led to the harm.
Of course, your personal injury attorney will be there to prove these elements for you.
Conditions That Constitute Negligence by the Property Owner
There are many potential situations that can lead to an accounting of negligence on the part of the property owner. For example, if the property owner created an unreasonable risk of harm, knew or should have known about the danger, and did not repair the issue, or give warning of it, then this would constitute negligence.
You Could Be Eligible for Compensation for future lost Types of Damages
Generally speaking, you will be able to recover compensatory damages caused by the negligence of the defendant. Examples include medical bills, pain and suffering, lost wages, lost future earnings, and more. It is possible that punitive damages will be assessed, which are designed to punish the defendant, but that is rare.
Talk to a Personal Injury Attorney for All the Facts
If you have been injured on someone else’s property and you believe you may have grounds for a personal injury claim, then your next call should be to The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation. We can take down the basic facts of the case and determine what your options are. If we take your case it will be on a contingency basis, which means you do not owe us for your legal fees until we win your case.