Slip and fall accidents are unpredictable and may result in severe injuries in some cases. In fact, it may even result in deaths although that isn’t very common. The factors that led to the slip and fall accidents are analyzed to determine the parties responsible for the accident and the victim’s losses.
In this article, we are discussing some key factors associated with slip and fall accidents in California.
What Is The Statue Of Limitations For Slip And Fall Accidents In California?
Statute of limitations refers to the time period allowed to file a lawsuit in the court after the concerned event. The statute of limitations varies according to the type of case you want to file.
The statute of limitations for a slip and fall claim in California is same as that of other personal injury cases in the state. The California code of Civil procedure determines the time period allowed for filing a claim for injury or death of an individual caused by a wrongful act or negligence of another.
In case your personal property was damaged in a slip and fall accident, there is a separate three year deadline for filing a lawsuit over the replacement or repair of the property in California, according to California Code of Civil Procedure section 338.
In some exceptional cases, the statute of limitations can be extended.
If the government was responsible for your slip and fall accident, the state of limitations is 6 months. Consider for example, you fell on a broken sidewalk. In that case, the accident was the result of the carelessness of a government employee and you have every right to file a claim against the government before the statute of limitations ends.
Comparative Negligence In Slip And Fall Accidents
If you have decided to file a lawsuit over your slip and fall accident, keep in mind that the property owner may argue that you share some responsibility for the accident. If the argument is proven in the court, you will only receive a smaller settlement.
The property owner can make a number of arguments to put some or all blame of the accident on you. They include:
- You were on a part of a property where visitors aren’t allowed or expected to enter.
- You were careless while walking.
- The danger of the situation was quite obvious to you.
- You were wearing footwear that was inappropriate for walking through that place.
If the court finds these arguments relevant, then the compensation you are awarded will be reduced according to the percentage of your fault.
If you are a victim of a slip and fall accident, get the help of a slip and fall attorney to get the compensation you deserve.