Every year as they go about their daily business, hundreds of residents of Milpitas, California take an ordinary step and fall. Usually, these ‘slip and fall’ accidents are harmless and due to simple carelessness. Sometimes, however, the injury was caused by negligence. If you have been injured in an accident that was caused by a property owner’s neglect, you will want to consult an attorney who can help you assess your claim.
Slip and fall law is a ‘premises liability’ claim, meaning that the liable party is the owner of the business or property where the accident occurred. California law stipulates that property owners must take reasonable steps to ensure that their premises is safe and free from hazards. If this seems straightforward, it isn’t. What constitutes ‘reasonable’ is actually a nuanced legal question and needs to be evaluated by experts. Milpitas Slip and Fall Accident Lawyers understand the law and will work closely with you in order to help you determine your best legal options.
Because every accident is different, your attorney will have to complete a thorough investigation. Some examples of slip and fall injuries are those that occur on a wet floor, a poorly maintained stairwell or on a pavement that is broken or uneven. The law stipulates that a property owner must be aware that there is a ‘dangerous’ condition on their premises. If they created the hazard or simply knew of its existence and failed to repair the problem, they can be held legally responsible. Even if they were unaware of the situation, but it existed ‘long enough’ that they should have been aware of the problem, they can be found liable.
One of the reasons slip and fall legal claims are so complicated is that even if the property owner appears responsible, the courts will take into account the ‘reasonableness’ of their actions. If it appears that they have taken reasonable precautions, then they might not be liable for the accident. The court will also want to know about your behavior. Were you equally liable for the accident? If you had been taking reasonable care, could the injury have been avoided? You are also expected to behave in a ‘reasonable’ fashion to ensure your own safety.
It takes an experienced lawyer to help assess a slip and fall case because there are no clear cut rules regarding responsibility. Each situation is different and all of the facts must be weighed carefully before proceeding to a claim.
<h3>Representing the injured party</h3>
If you are injured in a slip and fall accident, it’s very important that you consult with an attorney. They will help you understand what to expect throughout the process. Remember, these cases require an expert who understands how to build a successful case. Your attorney will help you assess your best options.
In California you have six months from the date of your injury to file a legal claim, so it’s important to take action as soon as you are able. If you or someone that you love has been involved in a slip and fall accident, contact Milpitas Slip and Fall Accident Lawyers. Having an expert on your side can make all the difference.