A slip and fall accident is a type of personal injury case involving someone who fell on someone else’s property and was injured as a result.
The injured person, known as the plaintiff, can sue the property owners, known as the defendant, for damages if it can be proven that the defendant was negligent in maintaining, repairing, or warning about the danger of the facility.
For example, if someone slips on a wet floor in a grocery store and breaks a bone, they may be able to sue and recover compensation. However, slip and fall accident victims must also prove that the store knew or should have known about the wet floor and were negligent in their efforts to indicate that the surface was wet.
Who Is Liable in a Slip and Fall Accident?
Typically, in personal injury accidents, the party or parties found guilty of negligence will be found liable. Because “slip and fall accidents” occur on someone else’s property, the property owner would be liable for the injuries and other related damages.
However, it's important to note that slip and fall cases should be thoroughly investigated before filing a claim, as more than one party may be liable for damages.
What Is the Statute of Limitations for a Slip and Fall Accident in California?
A personal injury claim must be filed within two years of the injury being discovered, under California’s statute of limitations laws. However, if a government entity or agency is involved in an accident, like a slip and fall taking place in a United States Post Office, the time to file a claim decreases to just six months.
Unfortunately, exceptions are not typically made for those who don’t meet the filing period.
It’s also important to note that although victims are granted a two-year window, the longer they wait to pursue legal action, the more difficult it will be to win their cases.
Seeking immediate legal assistance not only strengthens a case, but it prevents it from becoming obsolete. Therefore, contact a San Diego slip and fall accident lawyer as soon as possible.
If negligence can be proved, the plaintiff will be able to recover compensation from the insurance company.
To prove negligence under California’s legal system, it must be shown that the defendant owed a duty of care to the plaintiff, that the defendant breached that duty of care, the breach of duty resulted in the plaintiff's slip and fall accident causing injuries, and that damages were suffered as a result of the plaintiff's injuries.
It is the responsibility of the property owner to maintain a safe upkeep of the property, such as cleaning spills, replacing broken flooring, repairing hazardous walk spaces and stairways, and any other actions needed for building maintenance.
Additionally, the courts will look into whether liability was shared between the defendant and the plaintiff by reviewing the following:
- The nature of the hazard that caused the slip and fall injury
- The length of time the hazard was present
- Whether the property owner knew or should have known about the hazard
- Whether the property owner took reasonable steps to fix the hazard
- If the victim was negligent, like being intoxicated or walking while texting
If the plaintiff is found to be partially at fault, the final reward will be reduced by a specified percentage, as determined by the courts. Experienced San Diego slip and fall accident lawyers will prevent a large amount from being deducted.