If you slipped and fell on someone else’s property, you may have a right to demand compensation for your medical bills, lost wages, and other damages. However, the first step is determining who is responsible for your injuries. The Miller & Steele Law Firm can review your case during a free consultation to determine if you have a viable Carlsbad slip and fall claim and against whom.
Potential Defendants in Slip and Fall Cases
Slips and falls happen everywhere, from public parks to commercial buildings to private residences. An experienced Carlsbad accident attorney can evaluate your claim to determine if any of the following parties are legally responsible for your slip and fall injuries:
- Property owners
- Landlords
- Tenants
- Government agencies
- Property management companies
Legal Responsibility Depends on Your Visitor Status
In California, premises liability laws recognize that different types of visitors are owed different responsibilities, as follows:
- Invitees – An invitee is invited onto a property for business purposes, such as a customer of a store. Property owners owe these individuals the highest duty of care. They must keep the property in a safe condition and inspect it to find and correct potential hazards. They must take all reasonable measures to ensure the safety of invitees and prevent foreseeable injuries.
- Licensees – A licensee has a legal right to be on the property, but they are there for their own purposes, such as someone visiting a friend’s home. Property owners must take reasonable measures to protect licensees from hazards, but they’re not required to search for and eliminate potential hazards.
- Trespassers – A trespasser is someone who does not have the legal right to be on the property. Property owners cannot set up hazards to intentionally harm trespassers.
How to Prove Legal Responsibility in Slip and Fall Cases
Carlsbad premises liability cases are based on the legal concept of negligence. They require you to show the following:
- A dangerous condition – You must show a dangerous condition existed on the property.
- Failure to remedy – You must show the property owner created, knew about, or reasonably should have known about the hazardous condition and failed to take reasonable steps to fix it or protect you from it.
- Causation – You must prove the dangerous condition is what caused your injuries.
- Damages – You must also prove that you suffered harm as a result of the slip and fall, such as medical expenses or lost wages.
What If I Caused Part of the Accident?
In some slip and fall cases, the accident victim may have contributed to their own injuries. However, California uses a pure comparative fault system that allows them to recover compensation for their injuries even if they were 99% at fault for the accident. However, their compensation is reduced by their degree of fault. An experienced Carlsbad injury attorney can review your claim and explain how your comparative negligence may affect it.
Contact Our Firm Today
The best way to determine who is responsible for your slip and fall is to call an experienced slip and fall lawyer to assess your case. The Miller & Steele Law Firm has extensive experience helping personal injury victims and can help defend your rights. Call (760) 840-5221 or contact us online to get started with a free case review.