Injuries resulting from slip and falls are often life-changing. You could have the legal right to collect compensation when you trip on another person’s property because they failed to identify or fix hazards.
A settlement could cover the income you lost because of your injuries, medical bills, and pain and suffering. When dealing with the effects of a serious tripping accident, contact a seasoned Bakersfield slip and fall lawyer. Our hardworking personal injury attorneys can help protect your rights under the law and fight for the best outcome for your case.
How Do Slip and Falls Occur?
Tripping accidents occur for many reasons; however, they often happen when a property owner fails to address hazardous conditions on their land. These conditions could include the following:
- Broken handrails
- Icy parking lots
- Broken sidewalks
- Inadequate lighting in stairwells
- Uneven floors
- Loose floorboards
- Slippery floors from excessive wax
- Torn or bulging carpeting
Regardless of how the injured person fell, a dedicated attorney in Bakersfield can collect evidence proving the property owner was negligent.
Proving Fault in Slip and Fall Claims
To prevail in a slip and fall lawsuit, the plaintiff, along with the help of an experienced Bakersfield lawyer, must show that the property owner was negligent. The elements to prove negligence include:
A Hazardous Condition Existed on the Premises
The claimant must prove that a hazardous condition on the property caused the accident. That said, when the plaintiff was responsible for their own injuries or the property owner did not know about the threat, the court will not hold the property owner accountable.
The Person Responsible Knew of the Hazard or Should Have Known
Property owners might claim that the hazard was trivial, and there was no reason for them to have known of the issue. The plaintiff must prove they knew or should have known of the dangerous problem in order to succeed in their claim.
They Had Plenty of Time to Fix the Hazard
The evidence must also establish that the property owner had plenty of time to fix the hazard and failed to do so.
Who is Responsible for a Plaintiff’s Damages in a Slip and Fall Claim?
Everyone is responsible for the financial consequences of their intentional or negligent actions in this state. Under California Civil Code section 1714, property owners have a legal duty of care to keep the premises safe for visitors. When someone sustains injuries because the property owner did not ensure their property was hazard-free, the injured party has the right to collect compensation for damages.
On the other hand, when the plaintiff is careless and causes their injuries, the court does not hold the property owner accountable. A knowledgeable lawyer in Bakersfield could review the details of the tripping accident to determine the liable party.
Call a Capable Slip and Fall Attorney in Bakersfield
Slip and fall cases require a thorough investigation; the sooner you reach out to a talented legal professional, the better your chance of a successful claim for damages.
Our skilled attorneys will help you through the complex civil court process while you focus on your recovery. When you suffer injuries at the hands of a careless landowner, call our Bakersfield slip and fall lawyers to schedule a consultation.
