A California slip and fall injury can happen at any time and practically anywhere. If you've slipped and fallen on another person's (or business's) property, and as a result of that fall got injured, you might be entitled to pursue a California premises liability claim. There are, however, many variables and legal details to consider with your specific case. These details might include:
- Whether the property owner took reasonable precautions to protect visitors
- Whether you were trespassing, invited on the property for business, or invited on the property for social reasons
- Whether your own carelessness contributed to the accident
- Whether the unsafe conditions that caused you to fall would have caused a sober, alert person of average intelligence to do the same
- Whether your injuries were significant enough to merit a claim
Properties are not static objects as they do and can change. They change over time based on weather conditions, grounds-keeping, signage, and other factors. A safe property can quickly become unsafe during a storm or rush-construction job. We saw this happen in the real estate boom from the early 2000's. A hazardous area may be cordoned off, covered, or labeled as such to help protect the public. Depending on how the property owner responds to various hazards and depending on your own reactions to conditions, liability (who is at fault) may or may not be assessed.
It is true that senior citizens and young kids tend to slip or trip and fall more often than do other adults, in general, California law makes no distinction in terms of who might be eligible to claim liability. Just because an individual has a preexisting condition that makes him or her more likely to trip on a loose rug or a cracked cobblestone, for instance, doesn't make his or her case any less valid under California law. This is as it should be. However, it is an issue that must be considered in any evaluation of the slip and fall or trip and fall case, due to the possibility that the jury or mediator will weigh these factors into any decision that they make if the case is not settled prior to trial. That being stated, there are special situations in which an individual's age or mental/physical fitness may come into play. For instance, if a child sneaks out of his house and into a neighbor's property and goes into a swimming pool that did not have a gate to prevent young children from getting to the pool, the pool might be considered an “attractive nuisance” under the law, and there might be a case. An adult who trespasses and slips and falls in the same pool, however, might not be able to play the “attractive nuisance” card.
Mark C. Blane is a San Diego Slip and Fall Attorney, and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Premise Liability Law Firm devoted to representing families of injured persons of automobile accidents. If you or someone you love, has been injured or killed in San Diego County, or Southern California, due to the negligence of another, please order your FREE copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information, insights, and secrets that will help you protect your legal rights. It normally sells for $16.95; however, it is free to all California residents, or those injured in a California accident.