COMMON TERMS USED IN A CALIFORNIA SLIP AND FALL CLAIM
Posted on Saturday, February 6th, 2016 at 5:25 am
When you are on another person’s property, you have the right to expect to be safe. Property owners have a duty to provide a safe environment for clients, customers, visitors, and other people who come on the property. When a property owner breaches this duty, the owner is responsible for any damages as a result of injuries occurring on the property under a slip and fall claim.
When people think about a slip and fall claim, they typically think about customers falling on wet floors in a store; however, there are many situations in which a property owner may be liable for injuries sustained on the property. Other examples of potential slip and fall claims include:
- Torn or damaged flooring
- Cracks and holes in payment
- Ice or snow
- Boxes stacked in a pathway
- Exposed wiring
- Inadequate lighting
- Broken stairs
- Malfunctioning escalators
- Oil or other substances in the parking lot
The possibilities are almost endless for what could potentially be considered a dangerous or hazardous condition that could give rise to a slip and fall claim. Our slip and fall attorneys offer free case evaluations. Contact our office to discuss your slip and fall claim and to learn about your legal right to receive compensation from the property owner.
Slip and Fall Terms
- Dangerous Condition – Any condition on the property that puts customers, visitors, or others on the property in danger. Examples include broken handrails, wet floors, exposed wires, and toxic fumes.
- Notice – To hold a property owner responsible for damages in a slip and fall case, the property owner must have known or should known the dangerous condition existed.
- Injury – An injury can be physical such as broken bones, brain damage, and spinal cord injuries. An injury can also include emotional distress and mental anguish.
- Causation – In order to hold the property owner responsible for your damages, you must prove that your injury resulted, or caused by, the dangerous condition that the property owner knew about or should have known about.
- Liability – Liability is established when you have a dangerous condition, notice, injuries, AND Liability is the legal remedy that requires the property owner to compensate you for your damages and losses.
- Plaintiff – The injured party in a personal injury lawsuit.
- Defendant – The property owner or other responsible party in a personal injury lawsuit.
- Contingency Fee – An attorney accepts a case without a retainer fee being paid. The attorney collects his fees and costs only if the attorney wins a settlement or award for the client.
- Evidence – Examples of evidence include photographs, diagrams, medical records, eyewitness testimony, expert witness testimony, clothing, or any other item, document, or testimony that relates to the personal injury claim.
Have You Been Injured on Someone Else’s Property? Do You Think You Have a Slip and Fall Claim?
If so, you may be entitled to compensation for your losses under California’s personal injury laws. You must act quickly because you only have a limited amount of time to file a slip and fall claim or you lose the right to file a slip and fall lawsuit.
Contact the Tiemann Law Firm to schedule a free consultation with one of our Sacramento personal injury attorneys by calling (916) 999-9000. You may also chat with a representative on our website if that is more convenient.