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.
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. 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.
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.
In other cases, a property owner may allege that a fall victim did not do all they could to protect themselves from an injury. If the court agrees with this argument, it must reduce the victim’s award by the percentage of blame they carry for the incident. However, a determined lawyer in San Bernardino could help fight back against these common roadblocks in tripping accident claims.
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.