2024 Determining Fault in Slip and Fall Accidents in California

Slip and falls are the second leading cause of emergency room visits in the country. Sometimes these accidents are unavoidable mishaps, but other times negligence is to blame. If a property manager or owner knew or should have known that dangerous conditions existed, they could be held liable for resulting injuries.

Proving fault in slip and fall accidents is not always cut and dry. Property owners cannot automatically be held liable for an injury that happens on their premises, whether it’s an apartment building, shopping mall, office building, restaurant, or supermarket. California law requires that property owners use reasonable care in the maintenance and upkeep of their premises for guests, patrons, and visitors. In order to prevail in a slip and fall lawsuit, victims must establish that the property owner had some form of constructive knowledge of a hazardous condition, yet took no measures to remedy it.

Why You Need An Experienced Slip And Fall Attorney

By retaining a slip and fall attorney at Hobbs Law Group, you are putting decades of legal expertise and knowledge to work on your case. Our accomplished litigators will dig deep to uncover evidence that proves whether the property owner or occupier was negligent, and therefore, responsible for your accident.

Determining Fault in Slip and Fall Accidents

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A lawsuit or insurance claim based on premises liability requires a great deal of compelling evidence. To prepare an injury claim, our attorneys work quickly to assemble proof before the property defect is repaired and valuable evidence is lost. Our investigators speak with eyewitnesses while their memories are fresh, and track down surveillance camera footage when available.

Part of our work as your legal counsel is to anticipate how the defendant will try to avoid blame for the slip and fall accident. They may claim that you were distracted, ignored signs, or that your own carelessness contributed to your injuries.

Even if you were deemed partially at fault for your accident, you can still recover damages with the guidance of Hobbs Law Group. We go the extra mile to present a full picture of your injuries, medical expenses, income loss, and other damages that were caused by the property owner’s negligence.

Proving Negligence In A Slip And Fall Case

In order to be held accountable for damages in a slip and fall claim, the property owner or operator must be found negligent. In the context of premises liability, this means that the defendant failed to act in a reasonable manner, as any prudent person would do under similar circumstances.

But how does the court define or determine ‘reasonable’ in these cases? Some of the strongest slip and fall lawsuits are those where the claimant is able to demonstrate a history of complaints about the property defect that caused their accident. If there are numerous complaints about a building’s shoddy stairwell with broken steps, or uneven pavement, this can bolster a claim that the defendant did not act in a reasonable manner, since they knew a hazard existed, but chose to ignore the problem.

The following variables will come into question when attempting to prove negligence:

• Did the wet floor, broken tile, or other hazard exist long enough that a reasonable property owner could have noticed and taken action?
• Were there other complaints made to the property owner about an unsafe condition?
• Was there a logical justification for hazard or property defect?
• Did the defendant have protocols in place for routine property maintenance?
• Was there a daily log or record of whether these maintenance procedures were followed?
• Could the property owner have taken preventive steps to reduce the danger by prohibiting access to the location, or placing warning signs to alert patrons?

What constitutes a reasonable amount of time to eliminate or repair a dangerous condition varies from case to case, and is often a point of contention in these claims. Hobbs Law Group has successfully handled numerous slip and fall injury claims in Southern California and knows how to prove fault in these complex cases.

Slip And Fall Accident Representation In Los Angeles

Proving fault in slip and fall accidents is not without challenges, which are best met with effective legal counsel from Hobbs Law Group. If you were injured on someone else’s property, call our Claremont office to schedule a free case review.