What Are The Common Causes Of Slip And Fall Or Trip And Fall Accidents?
Two of the most common causes of slip and fall or trip and fall accidents are 1) having some sort of liquid or slippery substance on the floor of a grocery or retail store. Usually, it’s a liquid or vegetable that has been sitting there, and 2) having a defective or dangerous condition. If there is a crack in the pavement, or if a curb is too short or too tall and not marked adequately, it can cause a slip and fall or trip and fall. In California, there is a very important factor that plays into slip and fall cases, which is whether there’s proper notice to the owner. Merely having some slippery substance on the floor is not enough to win a case. Some sort of notice has to have taken place. If the owner had no knowledge that a dangerous substance or condition was present, they would be absolved of a large majority of the liability.
What Duties Do Property Owners Have To Visitors?
Property owners have a duty to provide a safe area for visitors. Areas should be free of defects and hazards. It’s a non-delegable duty, which means that they cannot put the responsibility on someone else. They can, however, bring another party’s security company or floor company to share the liability, but a property owner can never get rid of that duty entirely. They have an obligation to inspect and ensure that the area they are inviting people into is safe and free from dangerous conditions.
What Are Some Examples Where A Property Owner Would Not Be Held Liable For A Slip And Fall Or Trip And Fall Accident?
Typically, a property owner is not liable when a condition that causes somebody to trip and fall is open and obvious. For instance, if there is a hole in the middle of a parking lot that is four feet deep and four feet wide, it’s very obvious and cannot be missed. If there is a defect that is marked properly with adequate lighting, and it can be seen easily, then they would not be liable. The property owner properly warned about the defect, which is trivial. If a crack in the concrete is small, the owner would not be liable because it’s a trivial defect. It is not dangerous enough to be dangerous. There are all kinds of different exceptions that lead to a reasonable standard that have to be evaluated. If you are involved in a trip or slip and fall, you should immediately contact an attorney so that they can 1) analyze whether there is a claim, and 2) to ensure that you get and start the proper treatment. There shouldn’t be a delay in treatment because it can become a major factor in the analysis of the case.
I Fell On My Apartment Stairs. Can I Sue The Apartment Complex?
If you fell on the stairs at your apartment complex, the ability to sue will depend on the circumstances that caused you to fall. For example, it will depend on the lighting, time of day it happened, whether there was any type of break or crack in the stairs, etc. Certainly, if there are factors that lend themselves to the owner of the apartment complex being responsible, there is no prohibition to stop you from suing them. There are just a lot of factors that need to be evaluated. It’s essential to take pictures right away and provide those to an attorney. They can be reviewed or analyzed to determine whether there is liability on the apartment complex owner.
I Signed Some Forms After A Slip And Fall Accident At A Store. Did I Hurt My Claim In Doing So?
If you signed some forms after a slip and fall accident, that does not necessarily mean that you hurt your claim. There are different kinds of forms. Usually, there is an incident report sheet that documents the time of day, the conditions, and whether you were injured. In the life of a case, that form comes out in the process of evaluating the claim and getting a resolution. The insurance company will almost inevitably point to that form claiming that it was signed, and that there wasn’t any indication of injuries at that moment. They’ll say that the claimant walked away from the injury or incident, and therefore, they are perfectly fine.
Oftentimes, when these incidents happen there is a bit of shock where the person does not feel all of the aches and pains that can follow later on. As a result, there’s a need to explain certain things on those forms. However, they don’t ultimately hurt your case. If possible, simply provide your information to the store or company and avoid signing the forms. You can provide the information and say that you refuse to sign. They will note that on the form. That can help explain any type of inconsistencies at the time of injury.
For more information on Causes Of Slip/Trip And Fall Accidents In CA, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 385-6303 today.
