You were walking in a park, along a street, or in another public place, tripped, fell, and struck your head, causing a significant injury. Can you file a claim if you slip and fall in a public place like Citrus Heights with the help of a Citrus Heights personal injury lawyer? The quick answer to this question is yes, you may have the right to file a personal injury claim, but there is far more to do that than you may expect.
What Is a Slip and Fall Personal Injury?
Imagine slipping on a wet floor and falling, though not suffering anything more than a bruised ego. In this situation, you cannot typically file a personal injury claim because you have not lost anything from a financial standpoint. But if you slip and fall and suffer significant injury, then you may have a personal injury claim under premises liability law.
Slip and fall laws under California personal injury rights allow a person who falls due to the negligence of another person to file a claim for any losses they have suffered as a direct result of that incident. The key to this equation is proving that negligence occurred as it meets the state’s requirements. To prove negligence in a slip and fall case, you must demonstrate the following:
- The other party knew of or should have known of the problem (in some cases, this means it must have been reported first)
- They did not exercise reasonable care of the problem that led to your injury and loss.
- That lack of action is what directly led to your losses and your injury.
- You suffered financial loss from the incident as a direct result
The Burden of Proof Is on You
Keep in mind that the burden of proof in a slip-and-fall case is on the actual victim, which means you have to provide evidence that the other party knew of the risk and did not take action to rectify it or warn you about that risk. If they failed to repair something or protect others from a loss, but they had knowledge that there was a risk present, then liability applies. However, if they did not know there was a spill or they did not have time to act once they did know, it can be hard to prove your case.
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What Are Some Examples of Slip and Fall Accidents?
A slip and fall accident can occur in any location, including a public place, and typically involves a person falling as a direct result of a hazardous condition. Slips and falls are more than just bumping into something or not suffering an injury after tripping. The following are some examples of slip-and-fall cases that may apply to your situation:
- Slipping on spills or leaks
- Broken or missing railings on a set of steps or other hazardous areas
- Tripping and falling on uneven floors or loose carpeting
- Falling as a result of broken furniture
- Stumbling and suffering an injury over cords or debris that is in the way
- Walking into a construction area where there are no posted hazard or warning signs not to do so
If your situation seems to align with any of these situations, our Citrus Heights slip and fall personal injury attorney can help you determine if you have a case and how to prove that you are owed compensation. One of the first steps we take is to help you determine if there is enough evidence to prove that you were put at risk due to the negligence of others. We will work hard to find any available data to prove this is the case.
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Who Is at Fault for Your Slip and Fall Case?
If you slip and fall on public property, there are several steps you can take to determine who is responsible for the incident. This is another task that our legal team can help you to navigate. In short, we need to find out who caused this failure to occur, and some examples could be:
- The party that owners the property
- The party leasing the property
- The party that has some other control over the property
- The party that is occupying the property
Public property, including commercial spaces, parks, and government buildings, could be included in this. Many times, one of the first steps we have to take is to understand who is responsible for maintaining the property, which is not always just the owner of the building. Our goal will be to determine every party that could be responsible so you receive fair compensation for your losses.
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How Can You Prove You Have a Slip and Fall Case in California?
Working with a personal injury attorney in Citrus Heights is the best way to have access to the compensation you need. Our team will gather all of the evidence available to help present your losses to the insurance company or court to help you recover the losses you have. Some of the evidence we may be able to obtain includes:
- Video or photos of the incident and the surrounding area
- Witness statements from those around
- Maintenance logs or other information that shows knowledge of the risk
- Employee information
- Statements from you and others who may be involved
Using this information, we will work to determine who is responsible for your losses and why this incident occurred. We can then work with you and your doctor to determine the extent of your losses as well as the specific damages you have. This may include medical bills, pain and suffering, and emotional trauma.
Schedule a Free Consultation to Discuss Your Case with Us
Turn to Triumph Law, P.C. now to learn more about your rights to compensation after a slip and fall accident. We can help you determine if you can file a claim for a slip and fall accident on Citrus Heights public property when you give us a call and come in for an appointment. Do not wait to learn more about your case – our free consultation is available to you now.