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San Clemente Slip and Fall Lawyer
When a person visits another personās property, regardless of whether it is a home or business, they have the right to expect to remain safe while there. Sometimes though, property owners fail to maintain their property, and that could cause visitors to become hurt. The injuries sustained are not only painful but also costly to treat.
Fortunately, individuals that are injured while on another personās property could seek compensation through a personal injury claim to help with the cost of the injury. However, they should speak to a San Clemente slip and fall lawyer that could help them obtain the full amount of compensation they deserve. Let a seasoned personal injury attorney help you.
Slip and Fall Laws in San Clemente
When property owners do not maintain their property, and someone becomes injured as a result, the law states that accident victims are able to claim compensation. This is an area of personal injury law known as premises liability. California Civil Jury Instruction 1000 states that to prove a claim, those injured must show:
- The defendant was the owner or tenant of the property or had control over the property
- The defendant was negligent and did not properly care for their property
- The plaintiff sustained injuries or losses
- Those injuries were a direct result of the defendantās negligence
While these elements of proof seem straightforward, they are not. Negligence is the most challenging element of proof in any personal injury claim. Not all accidents involve negligence, not even when they happen on someone elseās property. For that reason alone, victims should seek help from a San Clemente slip and fall lawyer.
Understanding Negligence
To prove negligence, injured individuals must show the property owner knew about the dangerous condition or should have known about the dangerous condition. Accident victims must also show the property owner had a reasonable amount of time to fix or correct the condition.
For example, grocery store owners and employees are responsible for ensuring their store is in a clean and safe condition at all times. If a carton of juice spills on the floor, store employees are expected to clean up the mess, so no one becomes hurt. However, if the spill just occurred and a customer slipped on it, it does not necessarily constitute negligence. The store owner or employees may not have had sufficient time to notice the spill and clean it up. If on the other hand, the employees left the spill on the floor for several hours, that is negligence, as that is a reasonable amount of time to detect and clean the spill.
It is imperative that injured individuals understand the concept of negligence. A slip and fall lawyer in San Clemente could help accident victims determine if negligence was the cause of their accident.
Compensation Victims Could Obtain
Slip and fall claims allow hurt individuals to claim compensation from the party that caused their accident. This compensation, known as damages in a claim, is intended to restore the victim and cover all costs and losses associated with their injuries. Some common forms of compensation in slip and fall accident cases include:
- Past and future medical costs
- Past and future lost income
- Loss of earning capacity
- Physical pain and suffering
- Emotional distress
In rare cases, the courts may also award punitive damages. These are not meant to restore the accident victim but instead punish the at-fault party. Punitive damages are only awarded if the defendant has shown gross recklessness that resulted in catastrophic injuries. If the defendant knowingly destroyed evidence of negligence, the courts may also award punitive damages.
Do Not Wait to Call a San Clemente Slip and Fall Attorney
If you have been injured on someone elseās property, you may be entitled to compensation. However, you have only two years to file your claim, so do not wait to speak to a San Clemente slip and fall lawyer. Attorneys have the experience necessary to hold property owners and their insurance companies accountable. Lawyers could work hard to help you get the full amount of compensation you are entitled to, and give your case the best chance of success.