WHAT ARE THE DEFENSES TO A SLIP AND FALL CLAIM IN CALIFORNIA?
Posted on Monday, October 21st, 2019 at 2:04 am
Proving liability for a slip and fall accident in California can be difficult. Additionally, the defense may raise certain defenses to negligence and liability that could result in a denial of your slip and fall claim. Working with a California slip and fall attorney in Sacramento can give you an advantage. An experienced personal injury lawyer understands the various defenses used in slip and fall cases and how to prepare to overcome those defenses.
Common Slip and Fall Defenses
Some of the common defense strategies used in slip and fall cases include:
You failed to prove all four legal elements of a slip and fall claim.
There are four basic legal elements that you must prove before you can receive compensation for a slip and fall claim. You must prove that the property owner owed you a duty; the owner breached that duty; the breach was the cause of your accident; and, you sustained damages because of the breach and resulting accident.
Failing to prove any one of the four legal elements is sufficient for the defense to win the case. Therefore, the defense may attack what it believes is the weakest element in an attempt to avoid liability.
Assumption of Risk
In some cases, a party might not be liable for injuries if the victim was aware of the risk of injury and “assumed” that risk by voluntarily proceeding. This defense is often used when victims sign waivers to participate in sports or recreational activities. Even if you understand that something is dangerous and you could be injured by participating, that fact does not always absolve the property owner from liability. Grossly negligent and intentional acts are typically not covered by the assumption of risk defense.
Comparative fault defenses are based on the argument that the victim was partially at fault for causing the injury. Because the victim contributed to the cause of the injury, the victim is not entitled to full compensation for all damages.
Under California’s comparative fault laws, the amount you receive for your slip and fall accident can be reduced by the percentage of responsibility or fault assigned to you for the accident. For example, if a jury assigns you 20 percent of the fault for the accident and your total damages equal $100,000, the most you can receive for your claim would be $80,000.
Do You Need a Sacramento Slip and Fall Attorney?
If you are injured in a fall, you might be entitled to compensation for your injuries, damages, and losses. However, the insurance company and defense team may raise one or more defenses that could result in a denial of the claim or a reduction in the amount of money you receive for your claim.
Sacramento slip and fall attorneys understand the personal injury laws and negligence laws related to slips, trips, and falls. They also understand the various defense strategies used to prevent victims from obtaining fair and just compensation for valid injury claims. An attorney can help you fight for what you deserve after being injured in a slip and fall accident.
Contact our California premises liability attorneys for a free consultation by calling The Tiemann Law Firm at (916) 999-9000 or by visiting our website .