This can be very challenging. Under California law, many times it can be difficult in proving who is at fault for slip and fall accidents. Fault is always up for attack with defense lawyers and insurance claims adjusters. Thousands of people each year are injured, many seriously, from slipping and falling on a floor, stairs or other surface that has become slick or dangerous. Indeed, even ground that has become uneven to a dangerous degree can lead to severe injuries including brain damage or even more terrible injuries including death. However, sometimes it may be difficult, if not impossible, to prove that the owner of the property is responsible for any slip and fall accidents.
After a slip and fall accident, certain things need to be documented and addressed. If you or a loved one has been injured in a San Diego County slip and fall accident, it may be tempting to seek out justice in the form of a lawsuit as soon as possible. However, you should always consider whether or not the accident was just a simple fact of life, something that, no matter how careful the property owner was, could not have been avoided. Even if a leaking roof leads to a slippery condition that you slip and fall on, the property owner may not be responsible for your injuries if there was a drainage grate in the floor designed to limit slippery conditions. In addition, property owners will not always be responsible for things that a reasonable person would have avoided, such as tripping over something that would normally be found in that location (like a leaf rake on a lawn in the fall). Every person has a responsibility to be aware of their surroundings and make efforts to avoid dangerous conditions. California law makes it clear that you, as a consumer or visitor, have a duty to watch wear you are walking. You cannot just walk around not paying attention.
However, this is not to say that property owners are never held responsible for the injuries of others that slipped and fell on their property. Indeed, although there is not a cut and dry rule under California law, property owners still must take reasonable steps to ensure that their property is free from dangerous conditions that would cause a person to slip and fall. It is all about reasonableness. However, this reasonableness is often balanced against the care that the person that slipped and fell should have used or enabled to help prevent the tragic trip or slip and fall from happening the first place.
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.