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California slip and fall laws exist to protect your rights if the accident results from someone else's negligence.
These laws provide a legal framework that holds property owners accountable for their actions or inactions. They offer you a chance to seek compensation for your injuries and other damages resulting from the accident.
What Is Premises Liability Law?
Premises liability law holds property owners responsible for keeping their premises reasonably safe for visitors. If you slip and fall on someone else's property in California, the owner can be held liable for your injuries under this law.
What Do I Need to Prove in a Slip and Fall Case?
A San Diego slip and fall attorney must prove a few key things to win a slip and fall case in California. They include:
- Ownership or Control of the Property: They must establish that the defendant owned or controlled the property where the slip and fall accident occurred. The responsibility to keep premises safe typically lies on property owners, landlords, leasers, and business owners.
- The Defendant's Negligence: They must demonstrate that the defendant's actions or inactions caused the accident.
- Causation: They must show that your slip and fall would not have occurred were it not for the defendant's negligent behavior.
- Damages: They must present evidence of the harm you suffered due to the accident. The damages encompass physical injuries, medical bills, and wages lost due to the accident's aftermath.
What is Comparative Negligence
In California, the legal doctrine of "comparative negligence" applies to slip and fall cases. It allows you to recover damages if you were partially at fault for your accident. The court typically reduces the amount of your compensation by the percentage of fault.
For example, suppose you tripped on a torn carpet in a store, but the management claims you were not looking where you were going. In that case, your damages award would be reduced by 30% if a jury finds you were 30% at fault.
Slip and Fall Claims in Relation to the Statute of Limitations
California has strict time limits for filing personal injury claims. The Statute of limitations encourages prompt resolution of legal disputes. For most personal injury claims, including slip and fall cases, you have two years from the date of your accident to file a lawsuit.
It is best to speak to a San Diego slip and fall accident lawyer as soon as possible to avoid missing important deadlines. Your lawyer will adequately assess time limits and exceptions to ensure your claim is filed on time.
Contact a San Diego Slip and Fall Lawyer Today
California laws provide a framework that holds negligent property owners accountable for their actions, ensuring you receive compensation for your damages. You need a San Diego slip-and-fall lawyer to explain your rights, determine who is at fault, and fight for the maximum settlement you deserve.
The legal team at The Law Office of Elliott Kanter can help you build a strong case to ensure you are compensated for your damages. Get in touch with us today for a case review and more information about our legal services.
