Slip and fall accidents fall under personal injury law when the accident results from the negligence of a property owner to warn a visitor or remove an unsafe condition on the property. If you were injured or suffered any losses in a slip and fall accident that was the direct result of a property owner’s negligence, you may have the legal right to pursue compensation. A Palmdale slip and fall lawyer with Pintas & Mullins Law Firm can help ensure that you receive the justice you deserve after a slip and fall accident. Contact us today at (800) 223-5115 for a free consultation with a member of our team.
Personal Injury Law and Slip and Fall Accidents
According to the Congressional Research Service, slip and fall accidents are a type of personal injury that falls under the legal doctrine of tort law. Tort law is the body of laws that directly address remedying any injury or harm caused by another person’s wrongful or negligent actions. In the case of slip and fall accidents, if a victim can prove that their injuries and losses were the direct result of a property owner’s wrongful or negligent actions, the victim may have the legal right to recourse and compensation under the law.
Causes of Slip and Fall Accidents
Anyone can have a slip and fall accident that is simply that—an accident—and does not occur as the result of someone else’s negligence. If someone trips over their own feet or misjudges where a step should be, this is not a basis for a valid personal injury claim under the law. However, if a property owner knew (or should have known) that there was an unsafe or hazardous area on their property and failed to warn visitors or correct the danger, any victim of a slip and fall accident resulting from that area may have a legal claim to compensation.
Some common causes of slip and fall accidents include:
- Poor lighting in walkways, common areas, sidewalks, and parking lots
- Poor maintenance of common areas, including sidewalks and parking lots with broken or cracked pieces
- Poorly maintained staircases and handrails
- Poorly secured rugs and carpets
- Poorly secured wires that lead to a tripping hazard
- Failure to clean or warn visitors of slippery areas
This is not an exhaustive list—however, it does illustrate how any unsafe areas on a property can lead to slip and fall accidents, resulting in serious injuries or even death. If you or a loved one were injured in a slip and fall accident on someone else’s property, a Palmdale slip and fall lawyer with Pintas & Mullins Law Firm can help you better understand your legal rights. Contact us today for a free case review.
For a free legal consultation with a Slip and Fall Injury Lawyer serving Palmdale, call (800) 223-5115
Legal Criteria for Slip and Fall Accident Cases
Personal injury cases, including slip and fall accident cases, rest on the legal theory that a person’s negligence directly caused the victim’s injuries and losses. To establish valid legal criteria for a slip and fall accident case, a victim must have the ability to provide evidence that proves the following four elements:
Duty of Care
Property owners owe a duty of care to those who have a legal right to be on their property. In the state of California, following the 1970 court ruling in Beard v. Atchison, property owners also have a duty of care to trespassers to ensure that their property remains reasonably safe. This means that a property owner has a duty to inspect their property regularly and maintain it in a safe way for visitors, invitees, licensees, and in some cases, even trespassers.
Breach of Duty of Care
A victim must be able to prove that the property owner neglected their legal responsibility and breached their duty of care. In slip and fall accident cases, investigations often occur to determine if the property owner has any other complaints against them or has ever received any violations of city or state ordinances regarding the safety of their property. Additionally, in some cases, surveillance or video footage can be carefully reviewed to see if the property owner knew or should have known about dangerous areas on their property.
Causation
A victim must have the ability to legally prove that the breach of duty of care exhibited by the property owner directly resulted in their slip and fall accident, causing their injuries and losses.
Losses and/or Damages
The victim must prove that the slip and fall accident caused actual losses and/or damages, whether they are economic or non-economic in nature. For example, a victim must prove that they were harmed physically, emotionally, and/or financially because of their slip and fall accident.
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If your slip and fall accident occurred in the state of California, you only have two years from the date of the accident to file a claim according to the California Code of Civil Procedure (CCP) §335.1. While this may seem like a long period of time, building a slip and fall accident case—which may include interviewing eyewitnesses, collecting evidence, hiring expert witnesses, and more—can take several months. A Palmdale slip and fall lawyer can not only conduct a full investigation but also ensure that your case is filed before the deadline.
If you or a loved one were injured or suffered any losses in a slip and fall accident, consider contacting a Palmdale slip and fall lawyer with Pintas & Mullins Law Firm today. Our team can help you understand the legal process, develop your slip and fall accident case, and protect your legal rights every step of the way. We work on a contingency basis, which means you do not have to pay any upfront fees or out-of-pocket costs. We only collect a fee if we are able to win your case.
To learn more, contact Pintas & Mullins Law Firm today at (800) 223-5115 for a free case evaluation.
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