A fall may not seem like a big deal, but it can be. Many people are seriously hurt and sometimes even lose their lives as a result of injuries sustained when they slip and take a tumble.
If you or someone you love was hurt in a fall, you may have a right to pursue a claim for compensation from the property owner. The laws on these types of cases can be complicated, though, so you need an Escondido slip and fall lawyer representing you.
For decades, the dedicated legal team at Miller & Steele has fought for the rights of clients both in and out of court. We offer compassionate and knowledgeable representation as we guide you through each step of your case. Give us a call at (760) 439-2210 to schedule a free consultation and learn about the assistance we can offer.
Common Causes of Slip and Fall Accidents
Falls can happen for many different reasons, but often there are dangerous conditions on the property that cause these incidents to occur. Some common examples of hazards that can increase the risk of a slip and fall include:
- Crowded and poorly maintained store aisles
- Dim lighting
- Uneven or cracked tiles or walkways
- Wet or slippery floors
- Broken stairs or stair railings
- Changes in flooring elevation or surface material
Whenever unsafe conditions cause or contribute to a fall, it becomes important to talk with an Escondido slip and fall attorney to see if you can hold the property owner or occupier liable for the damages due to the incident.
Who Can Be Held Responsible for Causing a Slip and Fall Accident in Escondido?
California makes property owners liable for slips and falls if they fail to exercise reasonable care in maintaining their property and as a result, someone is hurt due to their failure to maintain their property.
A case called Rowland v. Christian (1968) 69 Cal.2d 108 defined the test that applies to determine if a property owner was so negligent that they may be sued for damages. “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,” the case reads.
One factor that can be considered in determining this negligence is why the victim was visiting the property in the first place. That’s because there is a different obligation or standard of care, applied depending on your status on the property.
The Difference Between Trespassers vs. Invitees and Licensees
Rowland v. Christian also explained the different categories of visitors to a person’s property.
“Generally speaking 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.”
Invitees are owed the highest duty of care, and trespassers are owed a minimal duty of care with some exceptions such as when property owners create an attractive nuisance. That’s a dangerous yet inviting condition, such as a pool or active construction site, which may lure people — and especially children — onto the property and put them at risk.
A slip and fall accident lawyer can offer assistance in determining your status on the property and in gathering the necessary proof to show that the property owner or occupier failed in their obligations to keep you safe when you were on the premises.
Let Us Handle Your Escondido Slip and Fall Accident
Miller & Steele Law Firm has a long record of helping fall victims and we will put our legal knowledge to work on your case. Call our Escondido slip and fall lawyers today at (760) 439-2210 to learn more about the assistance we can offer.