If you are involved in slip and fall accident cases, you can consult a credible slip and fall attorney and file a lawsuit against the property owner. Under the premises act, the property owner will be held liable for any accidents that occur in his/her premises as a result of prevailing unsafe conditions. Additionally, California boasts a strict liability law. However, most people are likely to have many doubts regarding the available options and legal proceedings when it comes to slip and fall cases. The main factors that you must consider before filing a case, however, are listed below.
- One of the most difficult aspects when it comes to slip and fall cases is to prove the liability. Note that you will have to prove that the opposite party was negligent and the failed to keep up the duty of care they had towards you. Plus, you have to prove that the negligence of the property owner led to the slip and fall incident.
- Unlike other accidents that involve vehicles and witnesses, slip and fall accidents may take time. Note that you will hardly get any witness in this case. Plus, it might take time to prove the negligent behavior of the property owner. On top of that, defense party will have proof of accident since the incident took place at their property making things even more challenging. However, as long as you have a skilled slip and fall attorney by your side, you are likely to eventually win the case and obtain fair compensation.
- While you have to prove the liability of the defendant, you must also prove in court that the accident was not your fault. For instance, if you fall on a wet floor while conducting a phone call, texting someone, etc., despite having displayed a ‘wet floor’ board that you failed to notice. In such cases, you will also be blamed for the accident. Note that California is a comparative negligent state. That is, your compensation will be reduced depending on the percentage of your share of fault in the slip and fall accident.
- There is a time limit to file a slip and fall lawsuit known as the statute of limitations. In California, the statute of limitations is two years and after that, you will be eternally barred from bringing the case to court.
- You can win a large sum if you have the right evidence to prove the liability of the defendant. Note that you are likely to be compensated for economic damages such as loss of wages, medical bills, treatment expenses, attorney fee, etc., and non-economic damages such as pain and suffering, mental distress, etc.