Property owners have a responsibility under the law to protect visitors on their land. However, this duty is different for every guest. In addition, the simple fact that an injury occurs while on someone else’s property does not automatically mean the owner is legally liable for the harm.
Sadly, this does nothing to diminish the harsh impact that these events can have on your life. An injury following a slip and fall can necessitate substantial medical care, affect your quality of life, and jeopardize your ability to support your family. A San Bernardino slip and fall lawyer recognizes the impact of these events on people’s lives and can demand that negligent landowners pay their fair share.
Property Owners Have a Duty to Keep Their Guests Safe from Harm
Generally, property owners must take appropriate steps to prevent injuries from affecting their guests. However, knowing whether the steps that a landowner took were appropriate and determining a guest’s rights can be complicated.
There are two key questions concerning liability for a slip and fall case: first, did the guest have permission to be on the land? If they did not, they are trespassers in the eyes of the law and can only collect compensation when it is clear that the property owner knowingly allowed a hazard on their land to cause an injury. However, if the trespasser is a child, different considerations could apply, and a property owner might still be liable for the child’s injuries, even though California no longer operates with the attractive nuisance doctrine.
The second question is whether the landowner’s actions were reasonable. California Civil Code § 1714 says that property owners must take all reasonable steps to prevent accidental injuries from affecting their guests, such as fixing a broken stair. Property owners in California have a duty to inspect their property and make necessary repairs regularly. If there are problems on the land or in any buildings that they cannot repair in a timely manner, landowners should warn visitors and guests. For instance, if a grocery store manager puts up a sign warning customers of the wet floor, that grocery store might not be liable, provided the warning was clear and easily visible. A San Bernardino slip and fall attorney could help to establish a victim’s rights under the law and evaluate the actions of landowners that allowed a fall to occur.
Common Causes of Slip and Fall Accidents
A wide range of property hazards can cause someone to slip, trip, or fall. Some of the most common dangerous conditions that lead to falls are as follows:
- Broken steps or stairs
- Broken or missing handrail
- Wet floor
- Clutter or debris in walkways or aisles
- Uneven floors due to protruding electrical cords, wires, bunched-up carpeting, loose floor tiles, or broken floor tiles
- Uneven exterior walkways and sidewalks due to protruding roots or potholes
- Poor lighting, either inside or outside, can make it difficult for people to see where they are going or what is around them
Our seasoned San Bernardino slip and fall attorneys will review the circumstances that led to your accident and determine if the property owner or manager did or should have taken steps to minimize the risk of injury.
What Compensation Is Recoverable After a Fall?
People are at risk of suffering devastating injuries in severe falls. If an injured person chooses to pursue a legal claim, they may be eligible to receive several types of compensation.
Economic Damages
The easiest type of damages to calculate after an accident is for economic losses, which would cover all quantifiable expenses related to the fall that led to the injuries. For instance, economic damages could include all current and future anticipated medical and rehabilitation expenses. Economic damages could also cover all lost wages, benefits, and other types of employment-related compensation during the injured party’s recuperation period and even permanently, if their injuries prevent an eventual return to work.
Non-Economic Damages
Serious falls can also lead to emotional and social consequences. Anxiety, depression, and post-traumatic stress are frequent occurrences after severe falls. A dedicated local attorney could help an injured party fight to recover fair compensation for their pain and suffering, mental anguish, and other non-economic losses.
Punitive Damages
In rare situations, a court might also consider awarding punitive damages to punish the property owner, but only if the injured party can prove the responsible party acted with malice, fraud, or oppression.
A trusted San Bernardino slip and fall attorney could use their negotiating and litigation skills to maximize an injured party’s compensation.
Possible Limitations on Slip and Fall Cases
Even though it may appear clear that a property owner was negligent in allowing a fall to occur, it may still be difficult to obtain fair compensation following an injury. One potential complication in these cases is the statute of limitations, which is the time limit following the fall for a person to demand payments in court. Under California Code of Civil Procedure § 335.1, this limit is two years from the date of the fall. If someone tries to pursue compensation more than two years after their fall, a local court would likely bar their claim, even if the evidence is overwhelmingly in their favor and they could have succeeded on the merits of their claim.
In other cases, a property owner may allege that a fall victim did not do all they could to protect themselves from an injury. For instance, a business owner could argue that the person who fell was not looking where they were going when they tripped over debris in a store aisle because they were too busy texting on their phone. If the court agrees with this argument, it must reduce the victim’s award by the percentage of blame they carry for the incident. In the above-listed example, a court might determine that the person who fell was 25 percent to blame because they were not paying attention to where they were walking. In that situation, the court could reduce their recoverable damages relating to the fall by 25 percent. However, a determined lawyer in San Bernardino could help fight back against these common roadblocks in tripping accident claims. Our legal team knows how to build solid claims for liability and could work diligently to stand up to fight for maximum possible compensation for someone’s physical and emotional injuries and other losses.
Let a Slip and Fall Attorney in San Bernardino Protect Your Rights After a Fall
Slips and falls appear to be clear examples of landowner liability. After all, property owners owe a duty of protection to anyone who enters their land. Sadly, proving fault and connecting your losses to these incidents is often difficult. Landowners may deny that they owed you a duty of protection or that your own actions were the cause of your fall.
Our San Bernardino slip and fall lawyers are ready to pursue your case. We work to show that a landowner was responsible for an incident and demonstrate how that event has changed your life. Reach out to our energetic legal representatives now to learn more about your rights. Our attorneys will work tirelessly and aggressively to get you the financial help you need and deserve.
Valero Law Group
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