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.