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Personal Injury Law Blog | Premises Liability Law | Los Angeles Premises Liability Claims

Fault in Slip and Fall Accidents

man dressed with winter clothes slipping on floor isolated on white background
Full-length portrait of a young man dressed in winter clothes slipping on floor isolated on white background

Many people are injured in slip and fall accidents across the country each year. Some take place at their house or place of residence, while others happen at properties owned or maintained by others.

The Broad Range of Trip, Slip or Fall Causes and Effects.

The injuries can range from small bruises to broken bones, as after a fall down a flight of stairs or a large ramp. These falls can happen for many reasons, including wet floors, uneven pavement, or improper signage. There are different reasons for falls and varying levels of personal liability and responsibility following such incidents.

Do Property Owners Owe You a Duty To Keep You From Slipping?

In all cases, owners or maintainers of property must keep it safe and accessible. And this is especially the case when dealing with public spaces, such as apartment buildings, parks, or places of business.

When faced with an injury caused by a slip, trip, or fall, there are several important factors to look at to see if the property owner or manager is liable for the event and the resulting injuries.

Beware Slippery and Misleveled Surfaces.

These can include factors such as allowing a slippery surface, floor injury, or obstruction to be in place. Also, this could also be the case if the owner knew or should have known about a dangerous situation and did not take action to remedy it as a “reasonable” person would have.

Many cases are decided by judges that determine that such a situation was caused by a lack of common sense and whether or not the owner or manager reasonably maintained the space.

Reasonable Care and Maintenance.

While there could be a different definition of reasonable care to various courts of law, they all fall under the same set of circumstances. These can include cases where the owner or manager allowed:

  • Broken, bunched up, or ripped up sections of flooring or the ground.
  • Wet or otherwise slippery conditions on the ground.
  • Out of place objects in the field, resulting in trip hazards.
  • Lack of signs or barriers to keep people out of a potentially dangerous area.
  • A lack of maintenance on the property. Also, this includes cleaning and fixing adverse conditions. But this could include poor lighting that made it difficult to navigate the area.
  • Lack of warning or repeated incidents of similar fashion that could have led to the incident at hand.

If any of these factors sound familiar, you may be eligible to claim damages in court. However, the court will also weigh other factors, including those of your possible carelessness.

Any insurance company or judge will also look at other factors. These factors include whether or not you should have been in a dangerous area. Also, they look at whether you had ample warning of the potential danger. In fact, you may have had a lack of awareness of circumstances. There may have been a distraction or dangerous activity that could have contributed to the incident.

How Can An Attorney Help?

Or other reasons may be present that you need to be aware of. A decent attorney will be able to tell you some of these factors that could affect your claim and what you need to do next.

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