- April 5, 2023
- In accidents
There are numerous places in today’s society where we may be injured. One place that many of us frequent is stores. Whether that is a grocery store, department store, or specialty shop, if we are injured while on the premises, you may wonder who is responsible for your injuries. Generally, in California, the owner of the premises is liable for the injury you sustained while on their property. Hence, this type of case is typically referred to as a premises liability action or a slip and fall.
In order to recover damages for your injuries, you will need to hire an attorney to ensure your case is taken seriously. Law Offices of Samer Habbas & Associates can help you do just that. Call us at 888-848-5084 or contact us online.
What Do I Need To Prove?
Since slip and fall cases are premise liability claims, you will have to prove negligence. Negligence can be proved by showing that the property owner owed you a “duty of care.” A duty of care means that you were on the property for a lawful purpose, and the property owner was responsible for protecting you from hazards while you were there. Depending on the reason for your visit, the property owner will owe you different duties.
Next, you’ll have to prove that the property was in disrepair or prove in some other way that the property owner did not maintain the property to the proper standard by the law. This will prove that the property owner breached their duty to allow you to visit the property safely.
After proving duty and breach, you’ll next have to prove cause. This means we will have to show that your injuries are directly related to the issue with the property. Your injuries must have been caused by the property owner’s failure to maintain the property properly.
Finally, after proving all of the above elements, we’ll need to show that your slip and fall indeed harmed you. This part of the equation is generally easier to prove than the above elements. Once we can prove all of these parts, you may be compensated for your injuries by the property owner.
By hiring an attorney, we can help you put together your case and gather the necessary information to help you prove all of the required parts of your case.
Who Is Responsible For My Injuries?
Under California law, you have the ability to sue and recover for the injuries you incur in a slip and fall case. To determine fault, the court will look to see if the landowner or possessor was responsible for maintaining the premises and failed to act as a reasonable person should under the same situation.
A property owner in California may be responsible for the injury if they are aware of the hazard on the property or create it by failing to repair the property. The court will look to see if the injured victim was also a cause of the accident. In certain situations, if, as a property guest, you were also careless in your actions, you may be responsible for your own injuries.
In order to truly determine who is responsible for the injuries obtained, the judge and jury will look to both parties and weigh the actions taken by both parties to determine the fault.
First Steps To Take
Slip and fall cases can be very complicated in California. Depending on a variety of factors, including the place of injury, the occasion of the injury, and why you are on the property, liability may be hard to determine. Each option you have when looking for and starting to file your lawsuit will be complicated, and it is important that you make each decision with a full understanding of the consequences.
By hiring a team of experienced personal injury attorneys right away, you can be certain your rights will be properly represented, and you will have the best chance at a favorable outcome. The attorneys at Law Offices of Samer Habbas & Associates are ready to help. Call us at 888-848-5084 today, or contact us online.
“Fighting for Justice: A Conversation with Personal Injury Attorney Samer Habbas on the Love Thy Lawyer Podcast”May 25, 2023
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