Slip and fall accidents, also called trip & fall accidents, occur with alarming frequency. This often worries property and business owners who fear they will face liability in the event of a trip & fall on their property. In the event the fall occurred due to a lack of proper maintenance, the property owner could face liability under the theory of premises liability.
If you have questions about premises liability claims and preventing slips and falls on your property, contact Silva Injury Law today. We have extensive experience handling slip and fall claims and cannot wait to assist you.
Who Can Face Liability in a Slip and Fall Claim?
California imposes a duty of care on any person who owns or has control over real property to keep the premises safe for others. Otherwise, the property owner could face liability for the injured party’s damages. Individuals and businesses that own, lease, occupy, or control a particular piece of property could potentially face liability. In California, that typically includes:
- Business owners;
- Store managers; and
- Property management companies.
If you fall into one of these categories, you could face liability in a slip and fall case. However, the victim still bears the burden of proving you breached your duty of care.
When Can Property Owners Face Liability in a Trip & Fall Case?
The legal theory that property owners are responsible for certain accidents that occur on their property is known as premises liability. The law imposes a duty of care that property owners owe to most people who come onto their property. To satisfy this duty of care, the owner must keep their premises in a reasonably safe condition. Typically, this involves performing regular maintenance and routinely inspecting your property for damage or dangers that could cause a visitor to fall. And if you have a hazard that cannot immediately be remedied, you need to at least give adequate warnings so guests can protect themselves.
If the property owner breaches this duty and that breach causes an accident that results in damages, the owner is liable for those damages. When property owners hear about these cases, they often ask, How can slip and fall accidents be prevented? Luckily, Silva Injury Law can provide the answers you need.
Ways to prevent slip and fall accidents that could lead to liability include:
- Ensuring walkways and paths are free of trash and debris;
- Installing adequate lighting in poorly lit areas;
- Shoveling and sanding icy walkways;
- Posting warning signs regarding dangerous conditions; and
- Placing wet floor signs near spills.
You can try to prevent slip and fall accidents in a variety of ways. However, accidents will inevitably occur. If someone suffers an injury on your property after falling, contact a qualified personal injury attorney to determine whether you could face liability and what you may be able to do about it.
Where Do Trip & Fall Accidents Usually Happen?
Falls can occur almost anywhere. Some of the most common incidents occur in:
- Grocery stores;
- Parking lots;
- Department stores;
- Movie theaters;
- City streets; and
- Apartment complexes.
This list does not include every location where a slip and fall accident can occur. One important note, property owners do not owe a legal duty to trespassers. Thus, if someone breaks into a department store after hours and suffers injuries in a fall, they will not receive compensation for their injuries. Contact one of our slip and fall attorneys at Silva Injury Law if you have more questions about premises liability claims in California.
Need Information About Preventing Slip and Fall Accidents? Contact Silva Injury Law Today
A premises liability claim can cost the responsible party a significant amount of money. An ER visit alone averaged $1,082 in 2019. Thus, injuries sustained in a slip and fall accident can lead to huge medical bills very quickly. Knowing this, many property owners take preventative measures to avoid slip and fall accidents on their property.
Even with attempts at prevention, slip and fall accidents still happen relatively frequently. When it happens to you, you need an aggressive and experienced personal injury lawyer that can help you defeat the claim. We will stand by you every step of the way, treating you like a member of the family. At Silva Injury Law, we are committed to obtaining the best results possible. Our duty goes beyond achieving monetary awards for our clients. First and foremost, we strive to be decent human veins who seek to solve problems rather than stir up fights. Contact Silva Injury Law today to discuss your case.