A slip and fall occurs when someone loses their balance because of a slick spot or because they tripped over something on the property. As a result, they are injured in some way. Slip and falls in San Fernando Valley can be dangerous. Although back injuries are most common in slip and falls, traumatic brain injuries from hitting your head, broken bones, and other injuries may occur. While there are laws in place in California to help victims of personal injury, certain elements must be met and slip and fall is no exception. Read over the following legal elements for California slip and falls. If you believe that what happened to you has the following elements, you should call an experienced Woodland Hills slip and fall attorney because slip and fall claims are time sensitive.
Duty in California Slip and Fall
The first element that must be met to be successful in a California slip and fall is duty. This means that the person or business who owned the property had an obligation to keep the premises safe by using reasonable measures. Common times where this duty exists is if you are shopping at a retail establishment, eating at a restaurant, or if you were invited to an event on the property. An attorney would listen to your recollection of the facts and help determine whether the other party had a legal duty.
The Defendant Knew or Should Have Known about the Dangerous Condition
This is referred to as notice. This is one of the most important issues that must be determined in a California slip and fall. Sometimes, it requires the use of experts who would testify about the property and typical maintenance procedures that are commonly performed for similar property. If the defendant knew but chose to ignore the hazardous condition, notice would be established. However, the usual case is that the defendant should have known and claims that they do not know. That is where experts may come in and discuss the regular procedures involved. Common sense actions are also included in this element. For instance, if you owned a grocery store, you or your employees would be expected to keep the floors clean and dry. You would likely assign your employees with the task of making sure that any spills are immediately cleaned up.
The Dangerous Condition Must Be Proven to Exist
When you’re the victim of a slip and fall in California, you know that a dangerous condition was present. However, that still must be proven in a court of law. As the plaintiff, you must be able to prove that the condition was, indeed, dangerous and that the defendant knew or should have known (and corrected) the danger. As the plaintiff, you’ll also need to prove that you were using the property as it was intended to be used at the time that you were hurt.
There Must Be Actual Damages
In California, a slip and fall won’t qualify to be heard in court unless it also meets this particular element. There must be actual damages as a result of your fall. This could mean that you were physically injured because of the fall or because something of yours broke or was otherwise ruined when you fell (such as a smartphone).
For more information on what to do after you or a loved one are injured in a slip and fall accident, contact Woodland Hills accident attorney Barry P. Goldberg today.