How to File a Lawsuit After a Slip and Fall Accident in California

In California, slip and fall accidents are what is known as premises liability accidents. The first thing you need to know about premises liability accidents is that not every slip and fall or trip and fall will lead to a valid lawsuit. In order to begin a successful lawsuit, you will need to prove how the negligent party was responsible for the fall and subsequent injury. If you have any hope of recovering damages for your injury, it must have been caused by someone else’s “lack of reasonable care” or negligence. If you have been injured as the result of a slip and fall or a trip and fall that took place on someone else’s property, the best thing you can do after seeking appropriate medical attention is to speak with a qualified personal injury attorney to determine if the specifics of your case qualify you to file a lawsuit and attempt to collect financial compensation.

Demonstrating Negligence

Negligence is legally defined as “A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act.” The party indicated here is usually the occupant or the property owner of the scene where the accident occurred. In the case of a slip and fall or a trip and fall, the responsible party is most likely going to be someone who:

• Had previous knowledge about the potential danger
• SHOULD HAVE had previous knowledge about the potential danger through reasonable care
• The responsible party failed to warn others about or to repair the potential danger, even though they had ample time to correct the issue

If you have been injured while on someone else’s property and you are uncertain if the property owner is responsible for your injuries, you should speak with a personal injury that has knowledge of premises liability claims.

Common Causes of Slip and Fall/Trip and Fall Accidents

Just because you slipped and fell on someone else’s property does not automatically mean that the property owner was negligent. Some of the more common causes behind slip and fall/trip and fall accidents that someone else might be held legally responsible for are:

• Plumbing leaks, standing water, or other issues that might cause water leakage
• Spilled liquids
• Loose floorings such as carpeting or tiles
• Uneven floors such as uneven pavement
• Missing or unsteady handrails
• Broken furniture
• Neglecting to block off dangerous locations like construction sites
• Neglecting to put warning signs about specific dangers in a visible location

Important Documentation

If you have been injured in one of these accident scenarios, critical evidence should be gathered as soon as possible after the accident occurs. This evidence should include any witness information, photos of the accident scene, any videos that may have captured the incident, and copies of any incident reports taken by police or the property owner or any staff.

If you or someone you love has been injured in a slip and fall/trip and fall accident that only occurred because someone failed to maintain a level of care, then you need to contact the Los Angeles Injury Group right away. We can go over the details of your case and help you to determine if you have a case that qualifies you for personal injury damages. If you would like to discuss your accident in a free consultation with one of our personal injury attorneys, then give us a call at 310-954-7248 today.