Premises Liability: Filing a Slip and Fall Lawsuit
Whether you are shopping, attending an entertainment event or having your hair cut, you have a right to remain safe from dangerous conditions in the venue that can cause you harm. California premises liability law says property owners owe visitors a reasonable standard of care to prevent accidents, so if you become injured because a store owner failed to clean up a wet, slick area, you may have grounds for a slip and fall lawsuit. San Diego attorney Chris Olsen represents plaintiffs in personal injury and premises liability cases, and is an aggressive advocate for your right to compensation.
The First Step after an Accident
If you have been injured due to the carelessness of a property owner or occupier, the best advice is to avoid speaking with that party’s insurance company. Keep in mind that it is always the goal of a claim adjuster to minimize costs to the insurance company -- that person is definitely not on your side. The best thing to do is call an attorney as soon as possible to discuss your case and get legal advice. If you will be pursuing a premises liability case with Chris Olsen, all further communication will take place between your attorney and the defending parties.
Chris Olsen is an experienced trial attorney who has secured millions in damages for his clients. He is a skilled settlement negotiator, and is also prepared to take your case to court against big insurance companies and corporations.
About Premises Liability
Any type of injury sustained on another party's property can become a potential premises liability case, as long as negligence can be shown on the part of the owner or occupier. If you slip and fall just because you were distracted, intoxicated, or behaving recklessly, then you may be to blame for your own injury. However, California has started to follow a Comparative Fault Doctrine, which says victims can be compensated even if they are partly at fault for the injury.
Potential hazards that can cause injuries include toxic exposure, poorly maintained stairways and elevators, dangerous animals, or lack of adequate security.
A reasonable standard of care for a property owner includes adequate upkeep, proper lighting, a competent staff and adequate security. Potential hazards should be removed from the premises as well as the sidewalk in front of the premises. If removal is impossible, adequate warning should be given that a hazard exists.
To establish liability in a slip-and-fall accident or a premises liability case, it must be proved that the owner or occupier of the premises knew, or should have known, that danger existed. This can sometimes be difficult to establish, and often requires investigative work on the part of the attorney.
In most cases, it must be proved that the party who was injured was allowed on the premises, either as an invitee (shopper, business customer) or as a licensee (social guest or someone invited for non-commercial purposes). However, there is always an obligation to take precautions to keep children safe regardless of whether they belong on the premises. For example, a homeowner with a pool must have adequate fencing to keep children off the property. The duty to warn others about a dangerous, man-made hazard can even extend to trespassers on the property.
Contact Chris Olsen
Chris Olsen is an experienced personal injury attorney who will fight for your right to compensation. For a free consultation, contact the office of Chris Olsen today.