Home » Building and Construction Articles » The Basics of California Slip and Fall Cases
The Basics of California Slip and Fall Cases
Slip and fall cases in California may not be as cut and dry as they seem.
December 07, 2011 /Building and Construction PR News/ -- Slip and fall cases (or premises liability cases) arise from a variety of situations. The most typical are in restaurants or retail stores where something on the floor caused the plaintiff to slip or trip. If the parties cannot resolve the issues themselves, courts make a determination of duties and faults in deciding who pays what in each situation.
The underlying claim in slip and fall cases is that someone had a duty to do something to prevent the accident and was negligent in doing so. As in all negligence cases, the following framework of questions is used:
- Did the defendant have a duty of care toward the plaintiff?
- Did the defendant breach that duty?
- Was the breach an actual and proximate cause of the plaintiff's injury?
What Was the Duty?
A party that owns and controls property has a duty to exercise reasonable care over the property and ensure it is reasonably safe for visitors. An owner has a duty to regularly inspect the property to make sure no dangerous conditions exist. If they exist, the owner must fix them or post warnings for unsuspecting visitors.
The status of the injured party is also relevant. Parties with permission to be on the property are owed a duty of reasonable care. Trespassers do not warrant the same standard of care. However, an owner must warn foreseeable trespassers of unobvious, artificial dangers the owners created and/or maintains. If the danger is obvious, no warning is required.
Children present a unique twist and are owed a higher standard of care, even when trespassing. A property owner must warn children likely to enter the property of any danger of death or serious injury. In such cases, courts balance the owner's need to maintain the dangerous condition with the risk to children.
Comparative Negligence
Even if an owner is found to have breached a duty that directly caused the plaintiff's injury, the owner may not need to pay the full amount of requested damages. California is a "comparative negligence" state, meaning that an injured party's recovery can be reduced by the percentage of their own fault in the matter. It all depends on the specific facts of the situation.
Premises liability cases are fact intensive and can require a significant amount of assistance from a knowledgeable professional. If you or a loved one has been injured in a slip and fall type case, contact an experienced personal injury attorney to discuss your situation and your options.
Article provided by Miller Law Inc.
Visit us at www.millerlawinc.com
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