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Determining Fault in California Slip and Fall Cases

A so-called “slip and fall” accident typically involves a victim suffering serious injuries because of an accident that is usually caused by another party’s negligence. In many cases, premises owners will claim that the victims themselves were at fault for their own injuries.

Not all dangers are obvious, however. Hidden and unexpected problems with seemingly safe settings can lead to people being severely injured. Victims in such cases do not deserve to be blamed for the harm they have suffered.

When a person is injured in a slip and fall accident in California, he or she should avoid getting into a dispute with the premises owner. Instead, he or she should immediately seek medical attention so a doctor or other medical professional can conduct an independent examination and accurate diagnosis of his or her condition. Immediately thereafter, the victim will want to seek legal representation.

Where Slip and Fall Accidents Occur in California

Premise Liability LawyerSlip and fall accidents can occur in a variety of different settings, including places open to the general public as well as private premises. In both scenarios, a property owner has an obligation to warn guests of any potentially dangerous conditions.

In most cases, the insurance company for the property owner will attempt to contact the victim and try to get him or her to accept a settlement for his or her injuries. In many cases, these initial offers do not account for the full lifetime of care that victims will require.

Some of the most common settings for slip and fall accidents include, but are not limited to:

  • Stairs
  • Parking lots
  • Sidewalks
  • Driveways
  • Escalators

Damages for California Slip and Fall Injuries

California is considered a comparative fault state, which means that a victim’s own negligence in an accident can effectively reduce his or her share of any monetary award. Under a comparative fault system, a plaintiff’s award will be reduced by the percentage of fault that is allocated to him or her.

Comparative fault is an especially common claim in many slip and fall cases because defendants will often claim that a victim’s injuries were entirely the result of his or her own negligence. If a jury agrees that a defendant is not liable for a victim’s injuries, then the plaintiff’s own degree of responsibility becomes irrelevant.

When a defendant is found to be liable and awards a plaintiff $100,000 but also rules that a plaintiff was 25 percent responsible for his or her injuries, then, the award will be reduced to $75,000. California is known as a pure comparative fault state, which means that this manner of reducing jury awards holds true in all slip and fall actions—even those cases in which the plaintiff’s share or responsibility for the accident exceeds 50 percent.

Find a Slip and Fall Attorney in Los Angeles

Did you sustain catastrophic injuries in a slip and fall accident in California? You will want to contact the Los Angeles Injury Group as soon as possible.

Our firm fights to get full and fair compensation for people injured in all kinds of slip and fall accidents. You can have us provide a complete evaluation of your case when you call (310) 954-7248 to schedule a free consultation.

Note for the readers: This post has been derived from the use of secondary sources and the information provided has not been independently confirmed. The photos depicted in these posts are not representative of the actual accident.  Any inaccuracies will be swiftly corrected once they have been brought to the site’s attention and all requests to remove posts will be honored.

Disclaimer: This post is intended to provide general information to our readers and to honor the victims of everyday tragedies. We do not wish to cause any disrespect and none of the information contained in this post should be construed to constitute legal or medical advice. Laws vary by jurisdiction and cases often turn on minor differences In fact. Do not rely exclusively on any of the information contained in this post and seek further assistance from a legal or medical professional, where necessary.

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