Is Your Slip and Fall Injury Grounds for a Personal Injury Lawsuit?
Slip and fall accidents, otherwise known as premise accidents, can bring life-changing injuries. Whether caused by uneven flooring, torn carpeting, cords, snow or ice, clutter, or anything, it is possible – but not guaranteed – that the owner of the property can be held responsible for those injuries. Keep reading to discover what situations may warrant a lawsuit and then contact Law Offices of Fernando D. Vargas at 909-982-0707 if you would like a free legal consultation.
Situations in Which the Property Owner May Be Accountable
In order for a property to be liable for injuries that happen on their property, one of two things must be true. Either the property owner or someone working for them must have created the safety hazard that led to the accident, or the property owner or someone who works for them should have known about the safety hazard. This second possibility requires proving that a reasonable owner would have known about the hazard.
You Must Able to Prove Negligence
It is important to understand that even if the above is true, that is not enough – you must be able prove it. Your personal injury attorney will work to do this by interviewing employees, witnesses, and others who may have information. We will also request surveillance footage that may be available. Whether the footage shows the accident in question, or simply shows that the hazard was there for a long enough period that the owner should have taken action, it can be very helpful.
Being Partially at Fault Does Not Mean You Have No Option to File a Lawsuit
California is a comparative negligence state, which means even if a party is just 1% at fault, the injured party can technically recover damages. The way it works is fairly simple: The percentage of blame a party has equals the percentage of your damages they will be responsible for paying.
For example, if you slipped on ice that a property owner did not clear up for two weeks, but you were talking on your phone and not paying attention at the time, then the courts may determine that you were 30% at fault and that the property owner was 70% at fault. This would mean that you would receive 70% of whatever the agreed upon damages were. If you were awarded $100,000, you would receive 70% of that – which is $70,000.
Call Now to Get Answers to Your Specific Questions
This covered some of the basics of premises accidents and has hopefully helped you understand if you may have a case. That said, the best way to find out for sure is to contact a personal injury attorney who can assess your specific situation. You can do so by calling Law Offices of Fernando D. Vargas at 909-982-0707. We are standing by to provide you with a comprehensive consultation during which we can give you answers to your questions.