Slips and falls represent one of the most reported injuries each year. These injuries can occur at a mall, in a grocery store, on public property, or even while visiting a friend. But how do you know whether the slip and fall was simply an accident and nobody’s fault or if you have a valid slip and fall claim? The answer is whether you can prove negligence and responsibility in the slip and fall or not.
Negligence is the legal theory asserted in most personal injury claims involving slips and falls. Here are the essential elements you must be able to prove to win your Carlsbad slip and fall case:
The Property Owner Owed You a Legal Duty of Care
California property owners have a legal duty to maintain their properties in a reasonably safe condition that prevents visitors from suffering foreseeable injuries. The duty of care the property owner owes a visitor depends on their status as follows:
- Invitees – Property owners must take reasonable steps to investigate the property for possible hazards, correct them, and warn those who are invited to the property for business purposes about these dangers.
- Licensees – Property owners must warn licensees about dangerous conditions on the property they know about to individuals on the property with their permission.
- Trespassers – Property owners only have a duty not to intentionally harm trespassers who have no lawful right to be on the property.
The Property Owner Breached the Duty of Care
Next, you must be able to show how the property owner failed to fulfill their legal duty. This requires you to show two things: there was a dangerous condition on the property, and the owner knew about or should have known about it, yet failed to take reasonable steps to fix it.
Dangerous conditions could include various hazards, such as:
- Slippery floors
- Substances or drinks that have fallen on the floor and were not cleaned up
- Uneven pavement or flooring
- Potholes or cracked flooring
- Missing steps or guardrails
- Inadequate lighting
- Loose carpet or rugs
Proving the property owner knew about or should have known about the dangerous condition can be accomplished in various ways, such as:
- Showing the property owner created the hazardous condition, and therefore knew about it
- Showing records that someone else informed the property owner about the condition before you slipped and fell
- Showing the hazard existed for an extended period that the property owner should have reasonably discovered it through regular inspections
The Breach Caused the Slip and Fall Accident
Next, you must show that the dangerous condition in question is what caused your injuries. You may be able to prove this legal element with evidence such as:
- Your clothes, shoes, or other physical evidence
- Medical reports linking the fall and your injuries
- Video surveillance from the property or spectators
- Photos of the accident scene
- Witness statements
- Accident reports
- Inspection reports
An experienced Carlsbad premises liability lawyer can help obtain the evidence you need to prove your claim.
You Suffered Damages Caused by the Slip and Fall
Finally, you must be able to show the slip and fall caused you to suffer damages, such as:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
A Slip and Fall Accident Lawyer Can Review Your Case for Free
The Carlsbad injury attorney at Miller & Steele Law Firm can help build your case, gather evidence, and explain your legal rights. We can review your case during a free consultation. Call us today at (760) 840-5221 or contact us for a free case review.