Premises liability is a legal term that simply indicates that a residential or business property owner is required to maintain their property in a reasonably efficient manner that reduces safety hazards for guests or customers, and that failure to do so could make them liable in the event of a personal injury on the premises.
However, personal injury cases are often defended vigorously, and the liability for damages is rarely established as simply as proving where the accident actually occurs. The injury must also be the fault of the property owner or manager, whether directly or indirectly, and proving this can be tricky.
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Understanding Comparative Negligence
California, like most other states across the nation, implements the comparative negligence doctrine. Just as in filing a personal injury claim for an auto accident injury, slip and fall accident victims will also include an assessment for contributory negligence.
Determining Contributory Percentage
Insurance company adjusters use every method available in attempting to reduce the value of their responsibility for a slip and fall accident injury. While those tactics can include personal injury history, many times the primary method is developing a defense that puts responsibility on the injured party. Insurance adjusters will always try to assess your comparative negligence percentage as high as possible.
The truth is, this calculation is anything but an exact science, and having an experienced and aggressive slip and fall attorney means that you will have a professional negotiator representing your case who can recognize when the insurance company adjuster is negotiating in bad faith. When your attorney can demonstrate the bad faith company action, the result could be another potential lawsuit that your counsel can use for leverage to reduce the level of comparative negligence while increasing your claim value.
Contact Your Slip and Fall Attorney in Los Angeles
Anyone in the southern California region attempting to handle a slip and fall injury claim on their own should contact Kuzyk Law for a free and comprehensive evaluation of the value of your slip and fall injury claim. We’ve been serving Southern California for over 40 years. We serve Palmdale, Lancaster, Little Rock, Pearblossom, Lake Los Angeles, Quartz Hill, Bakersfield, San Bernardino, Los Angeles and all surrounding communities. Kuzyk Law has the experience to get you the maximum payment you are owed!