Slip-Trip and Fall
SLIP – TRIP AND FALL
Slip and fall accidents usually occur on property or premises owned or maintained by someone else, and the property owner may be held legally responsible. These types of accidents can be caused directly by a victim’s interaction with the dangerous condition or indirectly.
A direct cause of a slip and fall accident can come in several forms:
- Water or other liquid spilled on a floor
- A substance or material like rain, snow or ice
- Poorly maintained floors
- Objects left in a walkway, like a toy
An indirect cause of a slip and fall is a condition in the environment that plays a factor in someone slipping and falling, such as:
- Poorly lit walkways
- Missing or broken handrails
- Cracked or uneven sidewalks
- Torn carpeting
When slip and fall injuries occur from falling to the ground due to dangerous conditions you have rights and recourse.
In most cases, a person injured in a slip and fall on someone else’s property must prove that the cause of the accident was a “dangerous condition.” In order to establish that a property owner or possessor knew of a dangerous condition, it must be shown that:
- The owner/possessor created the condition;
- The owner/possessor knew the condition existed and negligently failed to correct it; or
- The condition existed for such a length of time that the owner/possessor should have discovered and corrected it prior to the slip and
- fall incident in question.
In order to recover for a slip and fall injury sustained on another’s property, there must be a responsible party whose negligence caused the injury. This sounds obvious, but many people do not realize that some injuries are simply accidents caused, if anything, by their own carelessness.
To be legally responsible for the injuries someone suffered from slipping or tripping and falling on someone else’s property, the owner/possessor of a store, restaurant, or other business (or an employee of the business):
- Must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item, to be underfoot;
- Must have known of the dangerous surface but did nothing about it; or,
- Should have known of the dangerous surface because a “reasonable” person taking care of the property would have discovered and removed or repaired it.
In slip and fall cases on commercial property, there are often a number of people or entities that may be held responsible for someone’s injuries.
When a slip and fall injury occurs on property owned by a local, state, or federal government entity, special rules will apply. Specifically, there are very stringent notice requirements and broad immunity provisions that sometimes shield government entities from liability for injuries that occur on their property.
If you’ve been injured in a slip and fall on someone else’s property and are considering a legal claim, you should act quickly, as there are time limits in which injured persons may file a personal injury lawsuit. The Law Office of John Christl has been helping slip and fall victims throughout Southern California get the compensation they deserve. No matter the size of your case, you will always be our top priority.
Our office is located in Newport Beach, California. We serve Orange County, Los Angeles County, San Diego County, Riverside County, Ventura County, Santa Barbara County, and San Bernardino County.