What person or entity can be held to be at fault in a slip and fall accident? There are very serious injuries that are associated with these types of accidents. It can happen on a defective flight of stairs; I have seen cases where the handrail is defective and gives way, causing a fall that causes a serious traumatic brain injury. In that particular case, the landlord had notice of the defective condition and failed to remedy it in a reasonable amount of time. Sometimes, the owner of the property is at fault, and sometimes, he or she is not at fault.
If you have been injured in a slip or trip and fall type accident in California, you must consider the following elements in your claim:
- Consider whether or not the hazard was “open and obvious;” i.e., was it easily seen? If not, then the liability tends to increase to the land owner, but you must navigate two more elements:
- Was the hazard within the “control and dominion” of the property owner? Did the property owner cause the dangerous condition, or the spill, or did a product within the control of the defendant fall on the floor causing the hazard or “hazardous condition?” then consider:
- Did the property owner have notice of the dangerous condition and fail to remedy it? Or, alternatively, if the owner did not know of the dangerous condition, should he or she have known about it? This final standard is known “as constructive notice” as opposed to “active notice.”
Many lawyers are afraid to represent an injured party in a slip and fall claim because liability can be very difficult to prove. At my law office, I am happy to meet with anyone who believes they may have a claim. I do a thorough consult and I navigate the legal standards to see if liability exists at all. Should you be injured in a slip and fall accident, or know someone who has, you may call me (Attorney Mark C. Blane) anytime at (888) 845-6269 or direct at (619) 813-7955.
