On an given day in Mission Viejo, an unsuspecting person ventures into a store, restaurant, office or other space into which the public is invited and ends up slipping and falling. The sad reality is that oftentimes these individuals experience what can amount to significant injuries as a result of these slip and fall accidents, warranting the professional assistance of Mission Viejo slip and fall accident lawyers.
California Law and Slip and Fall Accidents
Slip and fall accidents are considered personal injury cases under the terms and provisions of California law. As a result, these cases are governed by what is known as the statute of limitations for personal injury cases.
The statute of limitations for personal injury cases gives a person a two year period of time in which he or she must file a lawsuit to obtain compensation for damages. If a person fails to meet the deadline, California law dictates that he or she is very likely to be forever precluded from pursuing a lawsuit to obtain money to compensate for injuries and damages.
Responsibility for Injuries in a Slip and Fall Case
California law also sets forth when a person or business is liable or responsible for compensating a person injured because of a slip and fall accident.
First, the individual who allegedly caused the accident must owe what in California is called a “duty” to the injured person. For example, a restaurant owner bears a responsibility, a duty, to keep the floors of the establishment reasonably clean and clear.
Second, the individual who allegedly caused the accident must “breach” that duty. If the owner (or an employee, who is considered an agent of the owner) knows there is some sort of potential dangerous spill on the restaurant floor and fails to clean it up, an argument can be made that the duty has been breached.
Finally, the injuries sustained must be the result of the breached duty. For example, if a person was injured on the way to the restaurant, the injuries were not sustained by any breach of any duty owed by the restaurant to the injured person.
The Importance of Being Represented
California law regarding personal injuries, including slip and fall matters, combined with insurance claims and lawsuit procedures are complicated matters. The typical layperson simply lacks the knowledge let alone the experience to pursue a claim or lawsuit to an optimal resolution. Retaining Mission Viejo slip and fall accident lawyers typically results in an injured person being able to obtain the most favorable level of compensation possible when pursuing a personal injury claim in the state of California.