Proving Fault in a Slip and Fall Lawsuit

A slip and fall lawsuit is a type of premises liability case. These claims are based on the fact that property owners are obligated to maintain safe premises for visitors. If the owner of the property where you fell was negligent in fulfilling this duty of care, you may qualify for financial compensation. However, it is up to you as the plaintiff or injured party to prove fault.

Negligence in a Slip and Fall Lawsuit

Slip and fall cases, like most premises liability lawsuits, rely on the legal doctrine of negligence. If someone is negligent, they do not use the appropriate amount of care. To receive financial compensation in a slip and fall case, there must be proof that a property owner was negligent in the care or maintenance of the premises.

A premises liability claim in Los Angeles requires five main elements:

1. Duty of care: the property owner or defendant had a responsibility to maintain a safe premises, meaning one that is free from hazards that could foreseeably cause fall accidents.

2. Breach of duty: the defendant violated the duty of care he or she owed to visitors by failing to maintain a safe property.

3. Notice: the property owner had actual or constructive notice of the hazard but negligently failed to remedy it in time to prevent the slip and fall accident.

4. Causation: the defendant’s failure to notice or fix the property defect in a timely manner directly caused the slip and fall accident.

5. Damages: the victim suffered compensable damages or losses in the slip and fall, such as injuries and medical bills.

The evidence should show that the property owner failed to meet the duty of care owed, which can vary based on visitor type. Invitees are owed the highest standards of care, followed by licensees. Trespassers are not owed any standards of care, but property owners must make special exceptions for minors.

Essential Evidence to Gather for Your Slip and Fall Accident Claim

The foundation of a premises liability claim must be strong enough to meet the plaintiff’s burden of proof, which is “more likely to be true than not true.” This requires compelling evidence of the property owner’s fault.

Slip and fall accident cases often rely on evidence such as:

• An accident report
• Photos of the accident scene
• Video footage of the fall
• Property maintenance records
• Eyewitness accounts
• Medical records
• Testimony from accident or medical experts
• The clothing and shoes you were wearing

If you can, collect evidence to support your claim while you’re still at the scene of the slip and fall. Report the accident to the property owner for an incident report, and take pictures of the defect before it can be fixed or cleaned.

When to Hire a Slip and Fall Accident Lawyer in Los Angeles

After a serious slip and fall accident in California, a lawyer can help you prove fault by establishing evidence of a property owner’s negligence or breach of the duty of care. Your lawyer can build your case by hiring highly qualified experts and using top-tier legal resources. In addition to proving fault, an attorney can help you deal with common defenses that may arise and handle insurance settlement negotiations for you. Your Los Angeles slip and fall accident lawyer will fight for the best possible results for your case while you heal from your injuries.