Slip and Fall cases arise from something known as “premises liability.” Premises liability refers to the responsibility of property owners and their tenants to provide safe conditions for visitors, workers and residents. Under premises liability law, California property owners can be held financially accountable for slip and fall accidents and other accidents and injuries that occur on their premises.
Under California law, the owner of a property, such as a shopping center, office building, apartment building or other property, owes people who come onto the property a duty to exercise reasonable care to keep the premises safe. For example, property owners must regularly inspect their buildings and ensure that they are safe for visitors, tenants and/or guests. All California proprietors must act with the same care as other reasonably prudent persons would under the same circumstances. Thus, property owners can be held accountable for a slip and fall or other accident that directly resulted from their failure to provide reasonably safe conditions.
There is almost always excellent insurance coverage to pay for these claims by victims of a slip and fall or other accident.
The key factor in establishing liability for a premises liability issue is to determine if the property owner or tenant had actual knowledge of the dangerous condition. Property owners who do not properly inspect their buildings can be held accountable for failing to comply with their duty to inspect or properly maintain their properties. This can be done by showing that the hazardous location was not inspected within a reasonable amount of time. Also, very often a landlord or tenant will receive complaints about a dangerous or hazardous condition at their property; if they then fail to address the problem and make it safe, the landlord and/or tenant can have serious liability if the condition causes a personal injury later.
There are all kinds of slip and fall or premises liability cases. Victims can suffer devastating injuries by falling down broken stairs, slipping on wet surfaces, drowning in a swimming pool, getting burned in a fire or explosion, suffering lacerations from broken glass, getting bitten by a dog, suffering injuries from a roof cave-in or from being mugged or assaulted because of inadequate security. Dangerous conditions can exist in any type of open space or building. Devastating incidents commonly occur at shopping malls, grocery stores, government buildings, commercial facilities, theatres, apartments and even private homes.
Many premises liability cases involve slip-and-fall accidents. Slip-and-fall accidents arise when the victim trips or falls due to a dangerous condition at the premises, such as a slippery, wet surface (especially if it is unmarked), or uneven pavement or uneven walkway, obstructions or obstacles, falling objects or other dangerous conditions, and can result in injuries ranging from sprains, strains and lacerations to broken bones, fractures, traumatic brain injuries and spinal cord damage. Many of these injuries result in time away from work, lengthy hospitalization, complicated surgeries, physical therapy, chiropractic care, rehabilitation, pain and suffering and a number of other related losses. Financial support may be available for all of these injuries and damages if the victim can prove that the negligence of the property owner or manager contributed to the accident.
If you are a victim and suffer an injury due to premises liability, you should consult an personal injury attorney right away, and protect your rights immediately.