Do you have cause to file a slip and fall accident in California? In order to have a successful case, you will need to be able to prove four elements. Keep reading to learn what they are. If you think you have a case, or if you have questions about whether or not you have a case, contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.
1. The At-Fault Party Had a Duty of Care to the Victim
If a customer spilled a drink on the floor at your local restaurant and you slipped and fell in it, it is likely that they would not be legally responsible. Why? Because they do not have a legal duty of care to keep you safe on the property. However, if the owner of the property knew that spill was there and did nothing to make it safe for you, then they could be responsible because they did have a duty of care.
2. The At-Fault Party Breached That Duty of Care
Next, your personal injury attorney must be able to prove that the at-fault party neglected or otherwise breached that duty of care. For example, if you fell on a friend’s property and they had large holes in their yard that were difficult to see, then they have breached their duty of care to keep their property safe for visitors.
3. The Breach of Duty of Care Directly Led to an Injury
Just because you stumbled in a hole in someone’s property does not mean that you can sue them – you must also have suffered an injury. For example, if you slipped and fell on someone’s property, if you got away with nothing but a bruised arm, you would not have a case. If you broke your neck, then the injury would certainly qualify the case.
4. You Suffered Damages
When you bring a personal injury case against someone, you are suing them to recover compensation for your damages. If you did not suffer damages, then you do not have a case – there would be nothing to sue for. Using the previous example, if you bruised your arm, this would not have led to damages, but if you broke your neck, you would have significant medical bills, lost income, pain and suffering, and other economic and non-economic damages.
Call Now for a Free Legal Consultation
If you are ready for a free legal consultation, we urge you to contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation. We are standing by to go over your case and provide the best possible outcome based on the facts. Call now, and let us get started right away.