Premises Liability Attorney Representing Los Angeles Residents

Holding a Property Owner Accountable for a Slip and Fall Accident

In order to establish liability after a slip and fall accident, a plaintiff must show that the defendant controlled the premises and was negligent in using or maintaining them. This negligence must have been a substantial factor in causing the victim’s injuries. A defendant is considered negligent in using or maintaining property when a property condition created an unreasonable risk of harm, the defendant knew or reasonably should have known about it, and the defendant failed to repair the condition or provide adequate warnings about the condition.

Whether there is actual or constructive notice must often be determined by investigating the factual circumstances. For example, if you visit a store and slip on something that has been there for several hours, this is more likely to establish constructive notice than a slip and fall on something that had been spilled just a few moments before the accident.

In some cases, a defendant may be liable because it created a dangerous condition. For example, a restaurateur that spills water on the ground and fails to clean it up may be liable if a restaurant patron slips and falls in the puddle. Generally, a property owner is not held liable for open and obvious dangers. However, in California, a defendant may have a duty to take precautions and keep someone from falling on an obviously unsafe condition even if there is no duty to warn about it.

Comparative negligence is a defense that some property owners and their insurers may attempt to raise. They will be looking for ways in which your own carelessness might have contributed to an accident. If a jury determines that you were partially to blame for a slip and fall, your damages will be reduced by an amount proportionate to your percentage of fault. For example, if you were 25% responsible for your slip and fall, and your damages are $120,000, you may be able to recover up to $90,000. An experienced personal injury attorney can help you fight back against allegations of comparative negligence in an effort to maximize your compensation.

Seek Guidance from a Slip and Fall Lawyer in Los Angeles