A slip and fall attorney near Riverside, CA, advises clients that this area of personal injury law is complex. Even if someone is responsible for keeping his or her property safe and fails to do so, a successful personal injury claim must go even further. An injury lawyer must prove that a property owner knew or should have known about dangerous conditions that caused the fall . Read on to find out more about how a personal injury lawyer must show a property owner’s duty to keep premises safe, prove that dangerous premises caused injury, and demonstrate financial damages.
When it comes to a slip and fall case, an injury lawyer first needs to show that the property where you were injured had an owner who owed you a duty of care. This first step is usually easily satisfied. A property owner has a duty to maintain a safe premises for any guest or visitor. For example, a grocery store owner must maintain a dry parking lot free of slippery ice and water.
Next, a personal injury lawyer needs to prove that the property owner’s failure to maintain a safe space directly caused your personal injury. This step is trickier, and opposing counsel will fight your slip and fall lawyer every step of the way. For example, you may slip and hurt your ankle on an extremely icy sidewalk or a stairway that has fallen into serious disrepair. While the property owner has clearly failed to maintain safe premises, his or her lawyer could argue that your ankle injury is actually attributable to a sports accident incurred years ago.
After your slip and fall lawyer proves causation, he or she will also need to demonstrate damages. Damages are a set amount that a personal injury victim is entitled to in order to compensate her for the accident. For example, a victim is generally entitled to be reimbursed for medical bills, any missed work or lost future wages, and general pain and suffering.