Anyone who owns or manages property in California has a legal responsibility to maintain a safe environment for guests. This responsibility, known as a duty of care, extends beyond property owners to include landlords, renters, and property managers. However, the extent of this duty varies depending on the circumstances. A Modesto slip-and-fall lawyer can analyze the evidence and determine whether negligence contributed to an injury. Call the Valero Law Group today to begin working with an experienced personal injury attorney.
What Is Negligence?
Negligence occurs when a property owner or manager fails to take reasonable steps to ensure the safety of their premises, resulting in harm to others. Property owners are expected to take reasonable measures to prevent injuries, whether the property is a store, restaurant, public venue, or private residence.
To determine negligence after a slip and fall, the following questions are typically considered:
- Was the slip-and-fall hazard visible?
- How long had the dangerous condition been present?
- How difficult would it have been to eliminate the hazard?
- Did the property owner have control over the dangerous condition?
- Could a reasonable person foresee the risk of injury?
- How likely was an injury to occur under the circumstances?
An experienced slip-and-fall lawyer in Modesto can assess the details of the accident to determine whether the property owner or another responsible party was negligent. Contact our team to learn more about whether you have a viable claim.
Slip and Falls on Public Vs. Private Property
A skilled Modesto lawyer will first evaluate the slip and fall case to ensure it falls within the applicable statute of limitations. In California, injured parties generally have two years from the date of the accident to file a claim. However, the process differs depending on whether the injury occurred on public or private property.
Claims Involving Public Property
When an accident occurs on public property, such as a city office or museum, specific legal procedures apply. Injured parties must file a notice of claim within six months of the accident. Failing to do so may result in losing the ability to seek compensation.
The following must typically be proven to establish negligence for public property claims: the public agency was notified of the hazardous condition and failed to act within a reasonable timeframe, and a public employee caused the hazard while performing their duties.
Compensation for claims involving public property is generally limited to economic and non-economic damages. A knowledgeable lawyer can help ensure deadlines are met, and critical evidence is collected to strengthen the case.
Claims Involving Private Property
For accidents on private property, injured parties have two years to file a claim. Although this timeframe appears generous, building a compelling case requires gathering detailed documentation, including medical records, accident reports, and witness statements.
Claims against private property owners often begin with filing a demand with the responsible party’s insurance company. This process may lead to a settlement offer or, in some cases, a denial. If negotiations with the insurance company do not result in a fair resolution, a lawyer can file a lawsuit to pursue compensation. Unlike public claims, private claims may include punitive damages in cases of egregious negligence. Call our firm to learn more about the specific steps to take following a slip and fall.
Contact a Modesto Slip-and-Fall Attorney
If you have been injured in a slip-and-fall accident on public or private property, the Valero Law Group is here to help. Our experienced team will assess your case, gather necessary evidence, and advocate aggressively on your behalf.
If your injuries or circumstances make traveling difficult, we will come to you or arrange transportation to our offices. Contact us today to schedule a consultation and take the first step toward securing the compensation you deserve.
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