The lovely seaside community of Marina del Rey is home to many remarkable places of interest that draw crowds of tourists each year. Unfortunately, this interest also provides many opportunities for disasters, with trips and falls on slippery areas among them.
California property owners or managers have a legal duty under California Civil Code (CIV) §1714 to ensure that they reasonably maintain their premises and keep them safe. When they fail to fulfill their responsibilities, other people can get into accidents and become severely hurt. Under the legal principle of premises liability, victims may seek compensation if negligence led to the dangerous condition that caused their injuries.
After you slip and fall, you might think that the mishap was your fault. However, you do not have to bear the cost of your suffering and losses if someone else is accountable. Consulting with a Marina del Rey slip and fall lawyer could help you understand your legal rights and determine the best possible resolution for your circumstances. Get in touch with Pintas & Mullins Law Firm today at (800) 223-5115 for a free case review with a team member.
Recovering Damages in a Slip and Fall
If a negligent property owner has responsibility for your injuries, you could demand financial compensation through a premises liability claim. Whether you suffered harm in an apartment complex, business property, government premises, or private residence, you might qualify to pursue damages if you abide by California’s premises liability laws. Although slip and fall is one type of premises liability accident, it does not mean that you can automatically recover an award if you suffer injuries.
Note that proving negligence is critical when filing a lawsuit against a property owner or manager, much like other personal injury cases. Proving negligence involves showing the court that the liable party knew or should have reasonably known a dangerous condition existed on the property they own or control. You must then demonstrate that they did not repair or give sufficient warning of the hazardous situation, which led to the slip and fall accident that ultimately caused you harm.
California Civil Jury Instructions (CACI) No. 1001 establishes the duty of care to protect people who enter a property from harm applies to anyone who owns, occupies, leases, or controls a property. This duty is nondelegable, meaning that a property owner remains liable for injuries even if the person who failed to keep the premises safe is someone who they hired to maintain the property.
Additionally, the landowner or lessor’s duty in California does not depend on the victim’s classification as an invitee, licensee, or trespasser at the time of the slip and fall. Instead, the duty generally depends on the situation. In other words, even an injured trespasser could file a premises liability claim if negligence was present.
When deciding whether the landowner was negligent, the judge or jury will look at relevant factors such as the property’s location, the likelihood of a trespasser entering, and the possibility of an injury. You might want to reach out to a Marina del Rey slip and fall lawyer to discuss California’s premises liability laws. Call Pintas & Mullins Law Firm today to learn more.
Determining Liability for Your Injuries
Aside from the property owner, other parties might have responsibility for the harm you suffered. In most cases, the type of property where you fell and the people connected with it determine liability.
For example, If you suffered injuries at a restaurant, the potential defendants could include the negligent employee, employer, and property owner. On the other hand, liability likely lies only with the homeowner if your accident was at someone’s house.
If you suffered injuries due to one of the following reasons, you might have a legitimate case for a slip and fall claim:
- Wet surfaces
- Stray cords
- Uneven floors
- Uncleared snow and ice
- Missing or damaged railings
- Poor lighting
- Loose carpeting
- Absence of warning signs about slippery surfaces
- Poorly constructed staircase
Your specific circumstances will significantly affect liability, and a Marina del Rey slip and fall lawyer could help you identify which parties to consider.
For a free legal consultation with a Slip and Fall Injury Lawyer serving Marina Del Rey, call (800) 794-0444
Strengthening Your Negligence Claim
It is natural to feel uncertain about what you should do after your accident. A slip and fall, especially in public, can leave you flustered and embarrassed. However, keep in mind that achieving full recovery mainly hinges on the compensation you can obtain from negligent parties. Once you file a claim, you must start building your case by gathering evidence demonstrating the defendant’s negligence and the severity of your resulting injuries.
You can begin by organizing all records and documentation related to your injuries, including your accident report, eyewitness testimonies, and medical records. Showing the full extent of your damages is particularly important when seeking the compensation you might deserve.
You can always turn to a Marina del Rey slip and fall lawyer for help if you have a hard time compiling the necessary evidence. You may find it difficult to deal with legal matters as you try and focus on healing from your injuries. Your attorney can develop a case by investigating what happened and requesting additional information such as video footage, statements from accident reconstruction experts, and your doctor’s treatment notes.
Marina Del Rey Slip and Fall Injury Lawyer Near Me (800) 794-0444
Laws that Could Impact Your Slip and Fall Case
When pursuing damages, you may either file an insurance claim with the negligent party’s insurer or file a lawsuit. In Marina Del Rey, you typically have two years from the date of your slip and fall to sue the property owner and other associated parties per California Code of Civil Procedure (CCP) §335.1. Missing the statute of limitations could prevent you from taking legal action.
Moreover, the amount of compensation you receive will depend on whether you share some of the blame for the accident. California follows the pure comparative negligence rule, allowing you to collect damages even if you were 99 percent responsible for your injuries. However, the court will reduce the amount of your damages award proportionate to your percentage of fault.
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Do Not Hesitate to Ask Us Questions About Your Case
Since you have a limited amount of time to bring a case to court, you must become aware of your legal position as soon as possible. Pintas & Mullins Law Firm stands ready to advocate for your rights if someone else’s negligent actions caused you to suffer. Our Marina Del Rey slip and fall lawyers understand how this is a confusing and stressful time for you and will make sure you understand your options for seeking compensation. You can schedule your free case review today by calling our office at (800) 223-5115.