In California, a “slip and fall” accident is a type of premises liability accident — where damages may be recovered upon proving a person’s negligence.
In order to prove that a person is negligent, it must be shown that the person:
- Knew, or through the exercise of reasonable care should have known;
- About a hazardous condition on the property s/he owns or controls; and
- Even where s/he knew or should have known about the hazardous condition on the property in which s/he owns or has control of, s/he fails to repair, protect against, or give adequate warning of the condition.
Had the property owner conducted routine inspections on his/her property as a reasonable landowner would have, detection of a dangerous condition would occur more likely than not. In addition, upon realizing there is a hazard, the property owner should “repair, protect against, or give adequate warning of the condition” to any person that visits his/her land.
Because establishing negligence does become complicated, and monetary values on damages are hard to ascertain, it is best to consult with a personal injury lawyer or professional so that you may understand how to better approach the matter, and how to calculate your damages.
Authored by Scott D. McDonald, Esq.