Slip and fall accidents are often caused by property owners failing to maintain their property or warn of dangerous conditions.
Slip and fall accidents are one of the most common types of premise accidents, or accidents caused by unsafe conditions on someone else’s property. Commercial and residential property owners alike are expected to be aware of potentially dangerous conditions on their property and take the steps required to make their property reasonably safe for visitors. When they fail to fulfil this responsibility and visitors are injured as a result, they can be held liable for the injuries suffered through a premise accident claim.
Three of the most common dangerous conditions cited in premise accident claims involving slip and fall accidents are:
Wet Floors: Some types of flooring can become incredibly slippery when wet, but the danger may be very hard to detect without proper signage. If a store employee or property manager mops the floor but fails to put up a “wet floor” sign and someone falls and suffers an injury, they could be held liable for medical bills and other damages.
Unsafe Walkways: Failing to keep sidewalks in good repair, allowing wooden stairs or decking to rot, or failing to put reflective tape at the edge of hard-to-see stairs are all examples of dangerous walkway conditions that could cause someone to slip and fall or trip and fall.
Inadequate Lighting: A lack of proper lighting can also contribute to slip and fall accidents. For example, if the lights that guide theater patrons through aisles and down stairways are burnt out or malfunctioning, someone could easily fall and be injured.
Proving Negligence on the Part of the Property Owner
In any of the above scenarios, the key to securing compensation is proving that the property owner (or other responsible party such as a property manager, builder, or business owner) was negligent. An expert premise accident attorney can help you prove that the property owner either knew of the dangerous condition and failed to correct it or issue a warning, or else should have known about the condition had they taken reasonable care to inspect their property.
Open and Obvious Dangers
One exception to the rule when it comes to premise liability cases is open and obvious dangers. These are conditions that are deemed to be so obvious that any reasonable person should have known to avoid them, even without warning from the property owner. In this case it may be much more difficult to secure compensation for your injuries.
Comparative Negligence
In the event of a slip and fall accident, the property owner may try to convince you that your accident was your own fault. Do not fall for this tactic! Under California law, you and the property owner can both be considered partially at fault for the accident thanks to the concept of comparative negligence. In this case the property owner will have to pay the percentage of your damages corresponding to their amount of liability for the accident.
