Posted on Friday, April 6th, 2018 at 11:55 pm
California premises liability laws govern accidents on another person’s property. One of the most common premises liability claims is for injuries from a fall. Dangerous conditions that cause falls can result in serious injuries. In some cases, slip and fall accidents can result in permanent impairments. When a hazardous condition causes a fall, the property owner could be liable. To recover compensation, you must file a personal injury claim.
Even though falls are common accidents, below are four things that you may not know about slip and fall claims in California.
- Statute of Limitations for Slip and Fall Claims
In most personal injury cases, you have two years from the injury date to file a lawsuit. If you fail to file a lawsuit within two years of the date of your fall, you can lose your right to file a claim. However, there are exceptions to this rule. For example, if your fall occurred on government property, you must file an administrative claim within six months from the date of injury or lose your right to file a claim. It is always best to consult a Sacramento slip and fall attorney as quickly as possible after your fall.
- Property Owner Obligations
Property owners in California have an obligation to repair and maintain their property and monitor their property for dangerous or hazardous conditions that could cause a slip and fall. If any owner invites people onto his property, and in some cases even if he does not invite a person onto the property, he can be held liable if a person is injured in a fall. However, there are specific elements you must prove to be successful when filing a slip and fall claim.
- What You Must Prove
You must establish that the owner of the property had knowledge or should have had knowledge of the condition that caused your fall. However, you must also prove that the owner did nothing to correct the condition or warn people of the dangerous condition. In addition, you must show that the condition caused your fall and you were injured in the fall. It can be difficult to prove the elements of a slip and fall claim without an experienced attorney to investigate the accident, identify the liable party, and obtain evidence to prove your claim.
- Be Cautious of Insurance Adjusters
When you are injured in a fall, an insurance adjuster for the property owner may contact you. The adjuster may request a written or recorded statement. It is usually not in your best interest to provide any statements until you discuss your case with a Sacramento slip and fall attorney. The statement does not usually benefit you and can hurt your claim. Instead of speaking to the adjuster, call our office a free consultation with a premises liability attorney.
Call a Sacramento Slip and Fall Attorney
Our Sacramento premises liability lawyers help slip and fall victims file claims for compensation. Call The Tiemann Law Firm at (916) 999-9000 or visit our website to request a free case review and no-obligation legal consultation.