In California, a “slip and fall” accident is a type of premises liability accident — where damages may be recovered upon proving a person’s negligence.
In order to prove that a person is negligent, it must be shown that the person:
- Knew, or through the exercise of reasonable care should have known;
- About a hazardous condition on the property s/he owns or controls; and
- Even where s/he knew or should have known about the hazardous condition on the property in which s/he owns or has control of, s/he fails to repair, protect against, or give adequate warning of the condition.
Had the property owner conducted routine inspections on his/her property as a reasonable landowner would have, detection of a dangerous condition would occur more likely than not. In addition, upon realizing there is a hazard, the property owner should “repair, protect against, or give adequate warning of the condition” to any person that visits his/her land.
Because establishing negligence does become complicated, and monetary values on damages are hard to ascertain, it is best to consult with a personal injury lawyer or professional so that you may understand how to better approach the matter, and how to calculate your damages.
Authored by Scott D. McDonald, Esq.
Scott McDonald is a California native who graduated from Pepperdine Law School in 2008. He has been aggressively litigating cases in Personal Injury and Bankruptcy Law for nearly a decade. Mr. McDonald prides himself in being anything but a “typical” attorney. His unique and very personal approach to practicing law has helped numerous clients obtain their goals and get the legal relief they need.
Mr. McDonald is also a member of 1LAW, which allows clients to obtain free legal support for basic matters and to stay in constant communication with him once retained.
To learn more about the advantages 1LAW provides to attorneys and individuals, visit 1LAW or register for free via the 1Law App.
