Lawsuits for “slip, trip and fall” accidents in California

Under California premises liability law, property owners and occupants have a duty of care to maintain their property in a reasonably safe condition and to warn guests and visitors of hidden dangers that may not be “open and obvious”.

This “duty of care” obligates people who own, possess, or control property to exercise reasonable care to:

• Maintain their property;

• Inspect the property;

• Repair any potentially dangerous conditions; and/or

• Give adequate warning of any dangerous condition(s).

A property owner or occupier who is negligent in failing to keep the property in a reasonably safe condition may be liable for any injuries sustained on the property. The injured party may be able to file a personal injury lawsuit against the property owner for damages.

In a premises liability lawsuit, the plaintiff can seek damages for their non-economic and economic losses caused by the accident.

Economic damages may include:

• Medical bills,

• Future medical treatment,

• Lost wages,

• Lost earning capacity, and

• Property damage.

Non-economic damages compensate the injury victim for losses that do not have a set dollar value. This includes damages for:

• Scarring,

• Disfigurement,

• Loss of a limb, and

• Pain and suffering.

In some cases, a plaintiff may be entitled to punitive damages in a California personal injury lawsuit. However, punitive damages are difficult in these types of cases and require a showing proving:

• The defendant’s recklessness resulted in catastrophic injuries or wrongful death,

• The defendant intentionally destroyed evidence of liability, or

• The defendant intentionally caused the accident or injury.

If the victim is killed in a premises liability accident, the surviving family members may have a claim for damages against the property owner. Wrongful death damages can include (but are not limited to):

• Burial expenses,

• Funeral costs,

• Support the deceased would have earned as income, and

• Compensation for the loss of support and companionship.

What are California’s Premises Liability laws?

California’s premises liability laws are based on negligence. Under California Civil Code 1714(a):

“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…”

In a premises liability case, the factual elements of the claim require the plaintiff to prove that he or she was harmed because of the way the defendant managed the property. Specifically, under California law the plaintiff must prove:

1. The defendant owned, leased, occupied, or controlled the property;

2. The defendant was negligent in the use or maintenance of the property;

3. The plaintiff was harmed; and

4. The defendant’s negligence was a substantial factor in causing the plaintiff’s harm

Common Slip and Fall Accidents

Slip and fall accidents are some of the most common premises liability ( dangerous conditions) accidents in California. Common causes of “slip and fall” liability in California include:

• Spills or leaks on store flooring.

• Loose carpeting,

• Uneven floors,

• Uncovered cables and cords,

• Broken or missing railings,

• Failure to close off construction sites, and

• Failure to put up warning signs about known hazards.

• Cracks or uplifts in sidewalks.

If you or a family member has been injured because of a dangerous condition on private or public property time is critical. Call today for a free consultation to protect your rights! 530-265-0186