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Understanding Premises Liability in Your Slip and Fall Case

Slip and falls can happen anywhere, and these accidents can change your life in an instant. While some people are fortunate enough to walk away unscathed from a slip and fall, others suffer serious and costly traumatic injuries that disrupt their lives. 

If you suffered slip and fall injuries, you might have the right to seek compensation for your losses. Always have a Bay Area injury attorney evaluate whether you have a premises liability claim

What is Premises Liability?

Premises liability is a legal cause of action that holds property owners liable for injuries that resulted from negligence. When a property or business owner invites customers or guests in, they have a responsibility to ensure the premises are in a reasonably safe condition. This includes inspecting the property and addressing any potential hazards, including slip and fall hazards. If a dangerous condition cannot be immediately repaired, the owner should provide ample warnings for visitors to use caution. 

When property owners or companies fail to maintain their premises, and someone slips and falls, the business should be liable for any injuries or losses. Victims must file claims based on premises liability to seek the compensation they deserve for medical bills and other losses. 

Elements of a Premises Liability Claim  

Like any other type of legal action, you must state your claim and sufficiently prove each element of the cause of action. The elements you must prove for premises liability in a slip and fall case include:

  • The party owed you a duty of care = If you were an invited guest or customer of a business when you slipped and fell, the owner likely owed you a duty of care. It becomes more complicated if you are accused of being a trespasser on the premises.
  • Breach = the other party breached their duty of care by failing to maintain their premises in a reasonably safe condition.
  • Causation = The other party’s breach actually caused your accident
  • Damages = You actually suffered injuries in your accident. If you just slipped and didn’t hurt yourself, you likely do not have a legal claim.

Do You Need a Lawyer to Settle Your Case?

You may be wondering whether it’s necessary to retain an attorney to settle a slip and fall claim. While there is no legal requirement to do so, retaining a lawyer will ensure that your rights are protected and that you obtain the compensation the at-fault party owes you. Insurance companies actively try to settle claims for less than they are worth and may engage in unsavory tactics to get you to sign away your rights for less than you deserve.

Learn More from a California Premises Liability Attorney Today

If you have suffered injuries in an accident that happened on someone else’s property, you should call an attorney as soon as you can. At the Law Offices of Scott Righthand, we know how to get injured victims the compensation they deserve under the law. Contact us today to schedule a free case evaluation with a premises liability lawyer in California.

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Date Of Posting

28 May,2022

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