Just because one slips and injures themselves on another person’s property does not mean that the person can recover compensation for damages against the property owner, however serious the injury. In this situation, the burden of proof is on the injured one to demonstrate that:
- The defendant party occupied, controlled and/or owned the place where the one who brings the lawsuit was hurt.
- The party was negligent in either the maintenance or use of that property.
- The negligence of the defendant was a major factor in bringing about the plaintiff party’s injury.
The negligence of a property owner means that they failed to exercise reasonable care in this situation leading to an injury, which is able to be foreseen, to an individual on their property.
For instance, a slip and fall injury occurs often in convenient stores and supermarkets. It is not uncommon for customers in a shop to spill boxes of milk, wine, soda and other liquid products in its aisles. In the event another customer slips and falls on the surface soon after a spill, often there would not be any basis for bringing a lawsuit under premises liability law against that business as it is more likely for the manager to not have been aware of the dangerous state or have a chance to correct it.
Conversely, if a store worker learned of the risk and failed to clean the floor right away, or give a warning until somebody could promptly clean it, then he or she failed to act in a reasonable manner under the circumstances. In this case, a sound basis for bringing a claim against that business would be there, on the basis of the store worker’s negligence.
Sometimes, a plaintiff party can prove negligence in a slip and fall incident by showing the property owner breached a statute like the California building code. These state laws dictate where and when handrails and other such features have to be placed. If an individual fell on a staircase which lacked proper handrails, and if that inadequacy of the item played a major role in causing his or her injuries, then he or she might just have a claim against that property owner on the basis of the state building code violation. If your loved one has been injured due to a slip and fall accident, then contact a skilled and experienced lawyer for legal advice in this matter.