Understanding Premises Liability Laws in a Slip and Fall Case

Slip and fall accidents can cause much more than just bumps and bruises – they can be devastating or debilitating, with catastrophic injuries that a victim may carry for life. Proving a slip and fall case in California requires correctly navigating the state’s related premises liability laws.

What Are the Four Elements of a Premises Liability Case?

The foundation of a premises liability case is negligence, or a property owner’s failure to take reasonable care to prevent harm to lawful visitors. Property owners in California have a responsibility to maintain safe premises. Failing to do so can expose them to liability for slip and fall accidents.

The injured person must prove the following elements as more likely to be true than not true:

1. The owner or controller of the premises (the defendant) owed the victim a duty of care to maintain a safe property for visitors.

2. The defendant breached the duty of care by failing to inspect for hazards, ignoring known or obvious property defects, or failing to provide proper warnings to visitors.

3. The defendant had actual or constructive notice (knew or should have known) of the dangerous condition but did not remedy it in a timely manner.

4. The defendant’s breach of duty caused the victim’s slip or trip and fall accident. The property defect would not have existed without the defendant’s negligence.

The burden of proof rests with the filing party or plaintiff in a slip and fall accident case. This means the injured victim must prove these four elements of premises liability using evidence.

What Are the Three Types of Property Visitors?

Three types of property visitors are recognized by premises liability law: invitees, licensees and trespassers. Property owners in California owe invitees and licensees duties of care to maintain safe and hazard-free environments, as they are lawful and welcome visitors. Trespassers, however, are not owed any duties of care unless they are minors (under the age of 18).

What Is the Statute of Limitations on a Slip and Fall Case in California?

Premises liability cases in California must be brought before the statewide deadline or statute of limitations expires. California Code of Civil Procedure § 335.1 gives most accident victims two years from the date of injury to file a related civil claim. Under this rule, a Los Angeles slip and fall case must be initiated within no more than two years of the date of the accident.

Special Rules for Government Properties

There is a much shorter statute of limitations on claims brought against government agencies in California. If a slip and fall incident occurs on public property or government-owned property, a premises liability claim must be filed within just six months under the California Tort Claims Act.

How Does Comparative Fault Work in Slip and Fall Cases?

Although shared fault will not bar you from making a financial recovery as a slip and fall victim in Los Angeles, it could reduce your settlement. Under California’s pure comparative negligence law, a plaintiff’s settlement or judgment award will be reduced by an amount equivalent to his or her assigned degree of fault.

If an investigation finds that you contributed to your own slip and fall, such as by not paying enough attention to where you were walking, this could reduce your payout. Ten percent of fault would lead to $10,000 being removed from a $100,000 settlement, for instance. For this reason, it is important to consult with an attorney for premises liability in Los Angeles if you are being blamed for a slip and fall. For guidance and personalized legal advice about a potential slip and fall case in California, contact the experienced premises liability lawyers at Rose, Klein & Marias LLP to arrange a free consultation.