Despite the blue skies and sunny beaches that make up Palmdale, California, there are a number of injured, disabled and even paralyzed individuals who are living in a gray world of personal injury. Are you one of them? Or do you know someone who is, someone who needs legal representation to receive the compensation they deserve?
If you or someone you love has suffered a fall through no fault of their own, here’s what you need to know about slip and fall cases in the Sunshine State.
Classifying the Accident
How did you slip and fall? Where did the accident occur? Most of these cases are classified within three arenas:
If you slipped on <i>an individual’s private property</i>, they may or may not be liable for any injury experienced by you; it all depends on circumstances, property upkeep, the personal/professional reasons you were there in the first place, et cetera. Slipping on wet grass during a date doesn’t entitle you to any money, but tripping over someone’s broken sewage line while evaluating their property as a real estate manager? That could mean a successful settlement.
If you slipped in <i>a public place</i>, the odds of a lawsuit are even more in your favor. For example, if a fast food restaurant failed to put up “wet floor” signs over a newly-mopped bathroom, you can sue the company for negligence. California has a well-documented history of such cases.
Your biggest chance of a settlement is if you slipped <i>at work</i>, especially if you worked in a high-risk job or if poor on-site maintenance was the reason for your spill. These circumstances would classify your fall as a personal injury case, and those have some of the highest recorded payouts in entire U.S.
Figuring Out Liability
Who’s to blame for your fall? There are two criteria generally used to point the finger, so to build a successful case, you’ll need at least one of the following to be true:
*The owner was directly responsible for the circumstances of your fall, ie a wet floor or chemical spill.
*The owner knew about the problem area, but did nothing to clean it up, smooth it out or otherwise secure the safety of those walking on its surface.
The first is easier to prove, but the second is where most successful slip and fall cases find their foundation. It doesn’t matter if the contractors were the ones to actually tear up that vinyl flooring; if your boss knew about it, and he didn’t rope off the area before Monday morning, his company can be held legally responsible for your injury.
These are just a few things to consider if you’ve suffered a fall in the state of California. If you have more questions, reach out to a Palmdale slip and fall accident attorney.