Anaheim Slip and Fall Lawyer 

The expectation is that when you visit another person’s property, whether it is their home or business, you will be kept safe. Unfortunately, poor maintenance and shoddy repairs can create hazardous conditions that lead to accidents. People may assume that if they are hurt while on another’s property that they are automatically entitled to compensation. However, the situation is more complicated than that.

An Anaheim slip and fall lawyer can help you understand the nuances of California law and how it applies to your case. Using this knowledge, a qualified personal injury attorney can pursue the maximum level of compensation possible and, can attempt to hold the negligent party responsible.

Slip and Fall Laws in California

Slip and fall accidents are one small part of a larger portion of the law known as premises liability. This tort allows people who are injured while on the property of others to sue the property owners for their damages. According to California Civil Jury Instruction 1000, there are four parts, or elements, that a plaintiff must be able to prove. According to Anaheim slip and fall lawyers, these are:

  • That the defendant was the owner, leased, or otherwise controlled the land
  • That the defendant was negligent in their use or care for the land where the accident occurred
  • That the plaintiff was hurt
  • That the defendant’s negligence contributed significantly towards the plaintiff’s injury

Establishing Negligence

The most often contested of these elements is whether the defendant was negligent in their care for the property.

According to California Civil Jury Instruction 1003, negligence in the care for property is defined as when there is an unreasonable risk of harm due to a condition or defect, that the defendant knew, or should have known about it, and the defendant never repaired or at least warned about the condition.

Using an example of a broken stair leading into a shop, the store owner is clearly the owner of the property, or the person leasing the property controls the land.

A broken stair absolutely creates an unreasonable risk of harm as someone expects to safely enter and exit a business. Lastly, the store’s owner uses the step on a daily basis to enter the building, of course, they would know that it is broken. It appears that person would have the basis for a strong slip and fall premises liability case.

Consulting an Anaheim Slip and Fall Attorney

Slip and fall cases may seem like simple lawsuits. After all, the injury happened while on another’s property, and all people are responsible for their own land. However, these cases are rarely that simple. Premises liability cases based on slips and falls rely on a complex set of legal rules that must be followed in order for a plaintiff’s case to be successful.

Anaheim slip and fall lawyers are familiar with these laws and how they intersect with the facts of slip and fall cases. Using this knowledge, your lawyer can attempt to form a strong demand package, backed by the law, to obtain a fair settlement offer for you. There is limited time to file a claim so do not delay, contact an attorney.