Quite often, falls occur because an individual failed to exercise reasonable caution, such as by texting while walking. However, in some cases a fall may be the result of negligent behavior on behalf of the property owner or manager. This is known as a slip and fall case. Under personal injury law, a victim may be eligible to seek compensation for damages related to the incident. If you or a loved one has suffered injuries in an accident, you can contact a slip and fall lawyer near Riverside, CA to discuss your case. Your personal injury lawyer can answer any questions you may have.
Who Might be Held Liable in a Slip and Fall Claim?
The defendant in a slip and fall lawsuit will depend on the circumstances of the incident. Your personal injury lawyer may name the owner, supervisor, or manager of an apartment building, restaurant, or other type of property in which the accident occurred. If you slipped and fell on rental property, your injury lawyer will review the lease agreement to determine if the tenant or the landlord was responsible for the existence of the hazardous condition.
What Constitutes a Hazardous Condition?
The types of hazardous conditions that may cause an accident are virtually limitless. Some hazardous conditions are permanent, such as a staircase that was defectively designed. Others are temporary, such as frayed carpeting. A lawsuit may be filed when a person slips because of spilled beverages or food, loose electrical cords, broken handrails, or inadequate lighting, just to name a few. However, it’s important to note that proving the existence of a hazardous condition that caused the fall is not sufficient to obtain a favorable resolution to a lawsuit. Your injury lawyer must also demonstrate that the defendant created the condition or knew that the condition existed, yet failed to correct it within a reasonable amount of time. Alternatively, the lawyer could demonstrate that the condition existed for such a length of time from which it may be inferred that the owner should have known about the problem.
What Damages Could I Recover?
Slipping and falling by itself isn’t the basis for a lawsuit. In addition to proving negligence and the existence of a hazardous condition, your lawyer must prove that you suffered damages as a result. If so, a lawsuit may recover compensation for your diagnostic tests, medical treatments and procedures, lost wages, and loss of earning capacity.