Falls are a very real risk for California residents as slipping or tripping can result in serious injuries including broken bones, cuts and lacerations, and even traumatic brain injuries.
When a fall happens, you may have a right to pursue compensation from the owner of the property where the incident occurred. Miller & Steele can help you determine if you have a case and can work with you to recover your damages.
With more than 70 years of collective experience and a history of representing clients in over 100 jury trials, we aren’t afraid to take on complicated claims and we have a long track record of success. Give us a call today at (760) 439-2210 to speak with our Encinitas slip and fall lawyers to learn more about the assistance that we can offer as you navigate your claim.
Factors That Contribute to Slip and Fall Accidents
There are many potential causes of slip and fall accidents including:
- Floors that aren’t properly maintained
- Spills that aren’t properly cleaned up
- Damaged walkways
- Wet floors
- Broken tiles
- Broken stairs or stair railings
In many cases, falls happen because property owners do not live up to their basic obligations to maintain safe premises. When this is the case, victims can pursue a slip and fall claim to recover compensation for losses.
Holding Accountable Parties Responsible for Slip and Fall Accidents
Property owners and occupiers are responsible for falls if the incident happens because they didn’t exercise reasonable care in maintaining their space.
A case called Rowland v. Christian (1968) 69 Cal.2d 108 explained how to determine if a property owner failed in their obligation and should be held responsible for fall injuries. “The proper test to be applied to the liability of the possessor of land… is whether in the management of his property he has acted as a reasonable man in view of the probability of injury to others.”
One factor that can be considered is the visitor’s status on the property, with visitors divided into three different categories: licensees, invitees, and trespassers.
Licensees vs. Invitees vs. Trespassers
According to Rowland v. Christian, “a trespasser is a person who enters or remains upon land of another without a privilege to do so; a licensee is a person like a social guest who is not an invitee and who is privileged to enter or remain upon land by virtue of the possessor’s consent, and an invitee is a… business visitor who is invited or permitted to enter or remain on the land for a purpose directly or indirectly connected with business dealings between them.”
Trespassers are owed the lowest duty of care, while invitees are owed the highest duty. A property owner who has invitees on their land could be held responsible for falls if they failed to do their due diligence in determining if the property had any hazards and correcting or warning about any unsafe conditions they know about or should reasonably be aware of.
Miller & Steele Law Firm can help you to understand your status on the property, the duty the property owner owes you, and whether you can pursue a claim.
Contact An Encinitas Slip and Fall Attorney Today
Don’t hesitate to take action after you or someone you loved was harmed on someone else’s property. Contact an Encinitas slip and fall lawyer at Miller & Steele Law Firm today at (760)-439-2210 to get the help you need to hold the owner accountable for damages.