Liability is the most important aspect of filing a personal injury claim that involves slip and fall accidents. Why is it so significant? You, along with your slip and fall lawyer in San Diego, have the task of proving that someone else’s negligence played a role in causing your injuries. However, holding the negligent party accountable for their actions often requires some legal maneuvering.

 

Proving Negligence and Liability
The term “reasonable” will often appear when negotiating settlements with insurance companies for slip and fall accidents. This usually indicates that property owners have an obligation to maintain safe environments for anyone who enters the premises. In other words, if a slip and fall accident occurs on their property, you must prove that they failed to act reasonably.

 

There are several steps you can take to win your slip and fall accident case. If you need more help assessing the liability of your situation, ask yourself these questions:

 

  • How long did the hazardous condition exist before the accident? Did anyone notice the hazard and act within a reasonable amount of time to eliminate it?
  • Is there a policy in place where employees must routinely check for hazards? Was that policy ignored? Is there a log detailing when inspections took place?
  • Was there justification for the hazard, and was it relevant at the time of the accident?
  • Were efforts made to mitigate or relocate the hazard? This includes warning signs or barriers to prevent people from entering any hazardous area.

 

The Elements of Negligence
To win your personal injury claim for a slip and fail accident, you must satisfy four elements of negligence. These elements include:

 

  • Duty of Care: Property owners (and their employees) have a duty to eliminate hazards and other dangerous conditions that can potentially cause harm to people.
  • Breach of Duty: It constitutes a breach of duty when property owners fail to eliminate hazards, contrary to what reasonable people would do in similar circumstances. Many accidents that occur on their property often represent a failure to uphold their duty of care.
  • Cause: You also have the task of proving that their breach of duty contributed to the fall.
  • Damages: As the claimant, you also have to prove that you suffered medical, emotional, and financial damages from the accident. Fortunately, medical bills and other related documentation will support your claim.

 

 

 

Who is Liable?
Throughout this article, we have discussed liability in slip and fall cases as it relates to property owners. However, multiple negligent parties can be found responsible for your injuries which why it’s important to know your rights after a slip and fall accident. These responsibilities include:

 

  • Property management companies
  • Tenants who lease or sub-lease their property
  • Contractors or sub-contractors undertaking construction projects or property renovations
  • Other employees or representatives of the property owner

 

An Attorney Can Boost Your Odds of Proving Liability
Negotiating a personal injury settlement can be very overwhelming, especially when you have the task of proving liability. However, you deserve compensation to pay off your medical expenses and other damages resulting from your injuries.

 

You most certainly need to hire an experienced attorney to represent you during settlement negotiations with corporate insurance providers. Here HHJ Trial Attorneys, we provide reliable legal services for Californians who suffered serious injuries from slip and fall accidents. Schedule an appointment with us today, and we can immediately begin reviewing your case.

 

Testimonial from Amanda, Satisfied Client 
I want anyone who might be unsure about contacting an attorney to know they are in great hands with Elliott Jung. He is incredibly knowledgeable, available when you have questions, and sincere. Initially I found involving attorneys incredibly intimidating and Elliott changed all of that. He came to my home for a consultation, provided me with unbiased options, and was genuinely invested in my best interest. We were able to successfully come to a settlement agreement without the uncomfortable process of going to court. When settling, Elliott was able to give me the best financial outcome. The settlement given the circumstances was large (without too many confusing details he arranged the payout to be highly optimal to my favor rather than his), he is genuinely driven to benefit his clients. He was straightforward and honest. During difficult times he would be truthful and direct with me, which I valued greatly. He provides exceptional personalized service, he knows the law, and has a very kind presence and demeanor. A great attorney. Thank you, Elliott Jung, for helping me navigate a very difficult and trying experience in my life.

Related Posts

Leave a Reply