California Slip and Fall Attorneys
Slip and fall accidents are one aspect of premises liability law. A person who is injured on someone else’s property from a defective or hazardous condition may have a claim for damages against the owner depending on the relationship between the person injured and the owner of the property where the injury occurred.
Slip and fall cases are generally categorized into the following classes to determine if an owner may be liable and to whom:
Business owners have a high duty of care to patrons on their premises. Owners of retail stores, restaurants, grocery stores and nightclubs invite people onto their property to buy their products or use their services and owe a duty to these people to inspect their property for hidden dangers, to warn patrons of their existence or to remedy the hazardous condition. Complex issues of notice may complicate these cases since an owner is entitled to have reasonable notice of the condition.
Private home owners also have a duty of care to those invited or who are legally on their property such as police officers, firefighters or meter readers. The owner need not inspect the property but still must make the guest aware of any known dangers or to repair a hazardous condition such as a known defective step or lack of hand railings on outside stairs.
There are special rules and laws regarding the liability of cities and the state if a person slips and falls on municipal or state property. For these cases, an experienced slip and fall attorney needs to be promptly consulted since the deadline for filing claims is much shorter than for other slip and fall cases and notice of the claim must be given in a certain form.
Even though a person may be on someone’s property without the owner’s consent and may be a trespasser, the owner still owes a duty of care to not willfully harm the person such as by having hidden traps or other devices designed to cause injury to someone.
In the case of children, however, a landowner must guard against youthful trespassers. By not installing an approved fence and gates around a swimming pool or other condition that may be inviting to a child who is too young to appreciate the danger, the landowner can be found liable for any injuries that occur.
Causes of Slip and Falls
Slip and fall claims come from a variety of causes. Some of the more common are as follows:
- Failing to clean floors properly after merchandise has been spilled in a store or when there is a roof or equipment leak that remains after actual or constructive notice of the condition
- Failing to put up signs to warn people of slippery conditions
- Failing to warn people of sudden drops or rises in the floor or steps that cannot be seen
- Failing to properly secure carpeting or fix defective steps
- Failing to install or maintain adequate lighting in stairwells or to have hand rails
- Failing to fix broken railings
- Leaving merchandise in aisles or allowing merchandise on shelves to stick out into the aisle
Call The Law Offices of Alex G. Tovarian today for a free, no-obligation consultation. We have the necessary experience and the resources to properly handle a slip and fall case.
The Law Offices of Alex Tovarian is an experienced premises liability law firm that can determine whether liability may exist in a particular case and help an injured person recover damages for lost wages, medical bills, and pain and suffering.