Things You Should Know About a California Slip and Fall Lawsuit

Slip and fall accidents are a type of personal injury case in which an individual slips, trips or falls over a dangerous condition on the premises of a proprietor or landlord. Slip and fall accidents can result in life-threatening injuries, life-altering injuries, or even death. Those who have suffered a slip and fall accident can take legal action against a negligent party. However, as a plaintiff, you have the burden of proving negligence. For this reason, you should hire a slip and fall injury attorney to handle your case, file your claim, and recover your damages.
In this article, the Oakland slip and fall accident attorneys will address a couple of things that you must know about slip and fall accidents in California.
#1. You only have two years to file suit against a private defendants.
The statute of limitations is 2 years in California for personal injury claims against private defendants meaning you will only have two years from the date of the accident to file a lawsuit. In some cases, the statute of limitations can be tolled, but this is rare. Hiring a personal injury lawyer as soon as possible after your accident is your best bet to protect your rights and develop your case prior to filing a lawsuit.
#2. Understanding premises liability
Premises liability describes the type of personal injury lawsuit that occurs on the property of a negligent party. All property owners have a legal responsibility to keep their property in safe condition. When they fail in that regard, and someone is injured as a result of that failure, they are liable under California’s rules of negligence.
You can file a personal injury lawsuit against a property owner when their negligence leads to your injury. An example would be a rug that is coming up from the bottom of the floor that an unaware person accidentally trips over and sustains an injury. In that case, the property owner would be responsible for remedying the trip hazard
California, Civil Code 1714 states, “Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.” It also notes that on occasion, a person who is on the property (not the owner) may be responsible for their injuries if they have “willfully or by want of ordinary care, brought the injury upon himself or herself.”
In other words, the property owner is expected to keep their property in reasonably safe condition. However, anybody crossing the property must take ordinary care to avoid injury.
Talk to an Oakland CA Slip and Fall Injury Attorney Today
The Oakland personal injury attorneys at Venardi Zurada represent the interests of injured plaintiffs in slip and fall injury accidents. We serve the Bay Area from our office locations in Oakland and Walnut Creek. Call today to schedule a consultation and we can begin preparing your lawsuit immediately.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1714.&lawCode=CIV