Slips and falls are one of the most common types of injury-causing accidents
in California and the rest of the United States, and the
most common form of
premises liability. While it may seem like these accidents would be minor, they are one of
the leading causes of traumatic brain injuries and can even be fatal.
While it is certainly possible to file a wrongful death suit in some cases
of fatal slips and falls, proving liability for these accidents can be
For a property owner or other third party to be held liable for the accident,
it generally must be proven that the property owner was aware of the danger
and could have done something to reduce the risk of an accident. If it
is found that the owner took all reasonable precautions, the courts may
decide that the owner is not liable for the accident.
What constitutes reasonable precautions can depend on the individual case.
In most situations, the courts will be looking at how long the hazard
had been present and what measures the owner took to fix it, such as putting
a railing or gate up to prevent someone from falling off of a porch. What
role, if any, the victim played in the accident is also taken into consideration
and can affect the amount of monies awarded if the courts rule in favor
of the plaintiff.
Slip and fall accidents are rarely cut and dried, making it important for
the victim's surviving family to have knowledgeable representation
throughout the court process. An attorney can help you better navigate
the California courts and understand your options.
Source: FindLaw, "
Proving Fault in Slip and Fall Accidents" Dec. 27, 2014