Even though thousands of people are injured in slip and fall accidents and it might seem obvious to you, if this happened to you or a loved one, that the person responsible for taking care of the premises was at fault, sometimes proving liability is not that clear cut. Each year, countless individuals are injured, many seriously, from slipping and falling or tripping and falling on a floor, stairs, or other surface that has become slick or dangerous. Indeed, even ground that has become uneven to a dangerous degree can lead to severe injuries.
It seems that during the holiday season, with shoppers out in full force and businesses catering to the demands of its customers, more slip and fall accidents occur than normal, as merchandise (such as toys, electronics, and clothing) is strewn haphazardly along the floor, sticking out of aisle ways, etc… If you trip on a misplaced item while inside a store, you might automatically assume that the store owner is liable. So is he/she?
Could the Property Owner Have Prevented the Accident?
The first question to ask if you or a loved one has been injured in a slip and fall accident, is: if the property owner was more careful, could the accident have been avoided? No matter how serious your injuries, it is unlikely that a store owner will be held responsible for injuries resulting from a situation that a reasonable person would have avoided, such as tripping over something that would normally be found in that location. However, if you were injured by a large wet spot in the middle of the floor that was caused by a leak in the ceiling, or by merchandise that caused a hazard, you might be able to sue to recover damages for the injuries you suffered.
There is no cut and dried rule in California about when a store is at fault for a trip and fall and when he/she is not. This is one reason that having an experienced slip and fall lawyer on your side is beneficial. Your lawyer will work to show that the property owner did not reasonable steps to ensure that their property was free from dangerous conditions that would cause a person to slip and fall.
For more information on filing a slip and fall lawsuit, or to discuss your ability to recovery financial damages after injuring yourself in an accident of any kind that was the result of a third party’s negligence (car accident, bike accident, slip and fall accident), contact experienced San Fernando Valley personal injury attorney Barry P. Goldberg today.
