Southern California Accident Blog

Proving fault in a slip and fall accident

One of the most common accidents in the world of personal injury law is what’s known as a “slip and fall” accident. As Los Angeles personal injury lawyers, our offices see a great many of these cases each year. While the facts of most slip and fall accidents tend to be straightforward, the law concerning proving fault in a slip and fall accident can be confusing. Property owners are not always at fault, even when dangerous conditions on the property itself led directly or indirectly to the plaintiff’s injuries. If you’ve been hurt in a slip and fall accident, here is some valuable information about proving the fault of the property owner.

 

Property Owners’ Duty

 

In order to prove that the property owner is wholly or partly at fault for your slip and fall accident, it’s necessary to prove that they violated their duty to maintain the property in a reasonably safe condition. Property owners aren’t required by the law to eliminate all hazardous conditions on their property at all times. This would impose an unreasonable and unrealistic burden on everyone who owns a home or business. Instead, property owners must take reasonable precautions. Our experienced Los Angeles slip and fall attorneys can listen to the facts of your case and give an informed opinion on this issue.

 

Statute of Limitations

 

Even if the property owner has clearly violated their precautionary duty to keep premises in reasonably safe condition, California law imposes a time limit on when plaintiffs can bring a lawsuit. This time limit is known as the statute of limitations. For most personal injury cases, a two-year deadline applies for filing an action for injury to an individual caused by the wrongful or neglectful act of someone else. Slip and fall accidents, therefore, typically have a two-year time limit. This is why it is so important to talk to a Los Angeles slip and fall lawyer as soon after your accident as possible.

 

Comparative Negligence

 

Property owners can escape some or all liability for a slip and fall accident if they can prove to the court or jury that the plaintiff’s actions were also unreasonable or contributed to their injuries. For example, if you slip and fell while walking in an area where you had no right to be or were not allowed to be. Or, if you were wearing inappropriate footwear for the area. There are many circumstances where this issue, known as comparative negligence, comes into play and affects the outcome of the case.

 

Our Los Angeles-based slip and fall lawyers are experienced with all of the above issues and how they affect our clients’ cases. If you or a family member have been injured due to a slip and fall accident, please call Steinberg Injury Lawyers today at 800-989-6385 to find out how we can help.

Peter Steinberg
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Los Angeles Personal Injury Attorney Since 1982
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