What Do I Have To Prove In A Slip And Fall Case?

Posted By Caputo & Van Der Walde LLP || 28-Feb-2013

If you’ve been injured in a slip and fall accident, you may be dealing with severe injuries, pain, and other medical issues. Figuring out how to hold a negligent person or business responsible for your damages can feel overwhelming. While a skilled San Jose slip and fall attorney can take care of establishing the facts and building your particular case, it always helps to know more about California premises liability law.

In California, slips, trips, and falls are governed by the law of premises liability. This states that the owner of a property – a house, a business, or any other real estate – has a duty to exercise reasonable care in using or maintaining the property. This duty includes responding to known hazards in order to fix them and/or to warn visitors, whether they’re business or social guests, about the dangers.

A slip and fall case in California typically deals with four issues, each of which a victim will have to prove in order to find success.

  • Duty. Did the property owner have a duty to the injured person to use reasonable care? Some situations, like trespassing, have limited or no duties involved.
  • Breach. If the property owner had a duty, did he or she breach it by failing to use reasonable care? This is also known as “negligence.”
  • Causation. If the property owner was negligent, were the victim’s injuries caused by that negligence?
  • Damages. What losses did the injured person suffer as a result of the injury? This includes things like medical bills, lost wages, and pain and suffering.

Because premises liability cases in California rely heavily on the facts in each situation, it’s important to talk to an attorney after you’ve suffered a slip and fall. The experienced Santa Cruz slip and fall injury attorneys at Caputo & Van Der Walde LLP can help. Call us today at (800) 900-0863 for a free and confidential consultation.

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