of their carelessness or negligence - such as by ignoring warnings, walking around intoxicated or on medications that affected the ability to take reasonable precautions, or where the injured person was otherwise distracted -- the fault may lie with the injured person. Not every trip and fall or slip and fall injury in California was caused by someone else's negligence. In many cases, when someone falls, it may be their error or failure to pay proper attention that caused the incident. On the other hand, sometimes someone knows of a dangerous condition that is likely to hurt someone and not be noticed, and that property owner does nothing about the condition.
Different Types of California Claimants (Slip and Fall/Trip and Fall Claimants)
According to California law, slip and fall plaintiffs can be broadly categorized into invitees, trespassers, and licensees.
Invitees are individuals asked to a given property for commerce/business. For instance, an employee or an applicant for a position might be considered an invitee. More commonly, business invitees are customers at a store or business injured while shopping or visiting the company.
Licensees are social visitors to properties, such as a friend or family member invited to a home, not knowing that a dangerous condition exists on the property.
Trespassers are unauthorized visitors, such as someone who enters the property without permission.
Not surprisingly, the legal standard for a California Slip and Fall or trip and fall case varies widely depending upon the status. For someone with no right to be on the property, it is difficult (as it should be in most cases) to win under California law. This is not only a legal issue but also factual - California residents and juries will not be sympathetic to a trespasser who was hurt in most cases. On the other end, the person who is shopping suffers an injury due to a fall because of something the store owner failed to warn about or correct and is more likely to deserve compensation under the law. An invitee or licensee who slips on a mopped wet floor but where no sign was put up, for instance, may have a case, while a trespasser who slips on the same wet floor may not.
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 contains 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.