A slip-and-fall accident can cause very serious injuries. If you have suffered an injury due to a slip-and-fall, whether at your place of work, at a grocery store, or anywhere in between, it is important you understand what elements are needed to file a lawsuit for negligence in California.
Shaun Phillips of Benchmark Injury Law has extensive experience helping clients who have been injured in slip-and-fall accidents in California. If you have been the victim of a slip-and-fall accident due to another party’s negligence, there are several elements you will need in order to successfully pursue compensation for the injuries you suffered.
How to Prove Negligence in a Slip-And-Fall Lawsuit
When a person slips and falls as a result of another party’s negligence, the victim may be left with a variety of serious injuries like broken bones or spinal cord injuries. If you have been the victim of a slip-and-fall accident in California, you have the legal right to pursue compensation for your injuries by filing a personal injury lawsuit. To prevail in such a lawsuit, you must first provide evidence of the following elements of negligence.
The At-Fault Party Owed You a Duty of Care
When you are filing a slip-and-fall lawsuit in California, you must be able to prove the property owner owed you a duty of care to keep the premises safe and free from potential harm, such as unreasonably slippery floors. An example may be a restaurant owner who must provide a safe environment for any customers who come in to dine at their restaurant. A slip-and-fall lawyer may be able to help you collect key evidence to provide proof that the at-fault party in your case owed you a duty of care.
The At-Fault Party Either Knew or Should Have Known About a Dangerous Condition
This element is often referred to as “notice,” and is one of the most vital pieces of evidence to help strengthen your slip-and-fall accident lawsuit. If a negligent party was aware of a dangerous condition or should have known of the dangerous condition, then notice can be established with the help of experts who understand the regular procedures that should have taken place to ensure a safe environment.
You Must Prove That the Dangerous Condition Existed
When you walk into a grocery store or restaurant, for example, you do not expect to encounter a dangerous conditions. In fact, the opposite is true: you assume that the property owner is providing a reasonably safe environment. However, when a dangerous condition like a wet floor is present, you may suffer an injury due to a slip-and-fall accident. In order to prevail on the issue of liability in a lawsuit and get the compensation you are owed, you must be able to provide evidence that you were using the facility as you should have been, but were still harmed due to the presence of a dangerous condition. This evidence can be gathered in a variety of ways, such as by obtaining security camera footage, taking photos or videos at the accident scene, or by getting witness statements.
You Must Prove That You Have Suffered Damages as a Result of the Accident
When you suffer an injury due to a slip-and-fall in California, you must prove that the slip-and-fall caused your injuries and that such injuries caused you damages. These damages may include costly medical bills, lost income due to extended recovery time, and pain and suffering.
To get help proving the four elements necessary for a California slip-and-fall lawsuit, contact a trusted lawyer to begin working on your case.
Speak With a California Slip-And-Fall Lawyer Today
Benchmark Injury Law is a unique and values-based personal injury law firm with experience helping clients in California who have been injured in slip-and-fall accidents. Our firm is dedicated to building strong relationships with our clients so we may understand their unique needs and provide the personalized legal representation they need to pursue the justice they deserve.
To schedule a complimentary consultation, contact us here or call (949) 504-9031.