Slip and Fall Lawyer
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In order for a slip and fall victim to hold a property owner liable for an incident, the victim will have to prove the following in order to have a clear cut premises liability case:
1. That the property owner was responsible for unsafe conditions and the subsequent slip and fall accident (by spilling something, for example, and not cleaning it up)
2. That the property owner was aware of the condition of the property but did not try to correct it (by not posting a warning sign, etc.)
3. That the property owner knew or should have known about the danger, since a "reasonable" person would have found the problem and taken steps to prevent injuries caused by the slip and fall accident (This is the most common situation, as it is not clearly defined and is determined based on common sense).
Thousands of injuries occur each year due to conditions on someone else’s property or in slip and fall type accidents. Someone stumbling over a loose brick or falling down an uncovered manhole can easily wind up in the hospital with injuries requiring long-term recovery time. No one knows whether a fall due to a slippery floor in a supermarket like Ralphs, Vons, Albertsons or Stater Brothers will lead to a sprained ankle or a broken leg. It is always wise, therefore, for property owners to take safety precautions and take whatever steps necessary to prevent accidents.
There are, of course, certain situations where exceptions to the general slip and fall and premises liability rules come into play. These might include situations where trespassers come on to property without the permission of the owners and then incur injuries as a result of disregarding trespassing laws. Other examples could also include burglars and uninvited guests coming onto the property.
Children, however, are an exception this is rule, since the law recognizes that children often do not perceive danger as well as adults. Property owners must take steps to ensure the safety of children, whether they have permission to be on the premises or not.
In the case of employees, there are workers' compensation laws in place that hold employers liable for most on-the-job injuries, including those that result from a slip and fall accident.
When it comes to government property, such as public parks, the federal or California state government may bear the legal responsibility for personal injuries incurred on the premises. Premises liability cases against the government are covered by either the Federal Tort Claims Act or similar state tort claims acts. Such cases must, however, be brought within a certain time limit.
If you or a loved one have been injured in a slip and fall accident, or if you have questions regarding any premises liability matters, a slip and fall lawyer in California can help you determine if you have a case. Consultations are always free and we never charge any fees unless your case is won.
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