How to Effectively Establish Liability for Slip and Fall Accidents
A slip and fall accident can have devastating and far-reaching consequences. However, the key to collecting the restitution necessary to recover from your losses is proving who was responsible for the circumstances that caused the accident. Establishing liability for slip and fall accidents can be achieved by securing San Diego, CA, attorney Chris Olsen's legal counsel. During a free consultation, Chris Olsen will review the facts of your case to pinpoint the party or parties whose negligence resulted in your injury, and help you pursue just compensation.
You have the right to expect safe conditions when you enter a public premises.
Who Is at Fault?
In order to obtain compensation, you must prove that negligence lead to your injury. The first step in proving negligence is to determine whether the property owner created or allowed a dangerous condition to exist on the property. For instance, if you slip on water at a restaurant that someone had just spilled, there may be no negligence involved because there had not been time to clean up the water. If, however, you find a witness to testify that the water had spilled an hour before, and that it had not been cleaned, the restaurant owner may be at fault. Failure to exercise reasonable care is considered negligence.
The first step in proving negligence is to determine whether the property owner created or allowed a dangerous condition to exist on the property.
A property owner has a duty to keep their property free from dangerous conditions. This duty can include performing adequate maintenance, providing proper lighting, having adequate security measures in place, and hiring a competent staff to maintain the property. In order to have a viable lawsuit, you must usually have been allowed on the property. An invitee is someone who is allowed on the property as a member of the public or a customer. A licensee is someone who is allowed on the property by the property owner, typically as a social guest. A person shopping at a grocery store would be an invitee, and a guest at a wedding held at a public venue would be a licensee.
In some cases, property owners may also be expected to provide warning to trespassers. For example, if it is reasonable to expect that trespassers may enter a property, the property owner may be expected to warn of any hazards. Or, if a property has an attractive nuisance such as a swimming pool, the property owner is expected to take measures to prevent children from entering the property and encountering hazards.
How to Prove Liability
In order to hold someone responsible for your slip and fall accident, you need proof of their negligence. Following the injury, contact an experienced personal injury attorney right away, and in the meantime:
- Determine what caused the fall
- Take photos of what caused the fall
- Record the time, date, place, and conditions of the fall
- Notify the property owner and file a report, if at a commercial establishment
- Get names and contact information for any witnesses
- Pursue medical care for your injuries and document your injuries
Schedule a Consultation
You expect and deserve safety when you enter a restaurant, library, or other premises. Meanwhile, your children have a right to be prevented from encountering dangers on private property. Schedule a free consultation with Chris Olsen today if you believe a property owner's negligence resulted in injury to you or a loved one.