California Premises Liability Policies for Slipping and Falling
Many different negligent conditions can result in a slip and fall. For example, a parking lot slip and fall might have been caused by uneven surfaces, slippery substances, bad lighting, or improper maintenance.
If you suffered an injury in a slip and fall accident in a parking lot, you could be eligible to recover damages. Our personal injury attorneys will evaluate your case to determine any path to pursue a civil lawsuit for damages.
In some cases, the injures you sustained will require many months of medical treatments and rehabilitation, which will leave you with huge medical expenses, lost wages, and reduced quality of life.
In California, slip and fall accidents fall under “premises liability” laws. The underlying idea is that all property owners or occupiers should exercise reasonable care to keep their property safe.
California Civil Code 1714(a) details the expectation that property owners and occupiers have a responsibility to work towards the safety of people on their property.
If you or a loved one suffers due to a slip and fall accident in a parking lot due to someone's negligence, you may be able to work to hold the owner of that parking lot accountable for your suffering and injuries.
Our Los Angeles personal injury lawyers are providing more information below.
Proving that a Property Owner is Negligent in a Slip and Fall Case
California law considers the owner of a parking lot as negligent if they don't exercise reasonable care and maintenance practices.
To show that they are negligent, a plaintiff will need to demonstrate that:
- defendant owned, leased, or otherwise had control over the condition of the lot;
- there is an expected standard of care for the type of lot in question;
- defendant failed to meet that standard of care;
- defendant knew that there was a danger present on their property as a result of failing to meet minimal maintenance practices; and
- the plaintiff suffered an injury as a direct result of this failure.
Proving that your California parking lot slip or fall resulted from negligence on the part of the defendant will require evidence.
Common pieces of evidence used in CA parking lot slip and fall cases include:
- parking lot video footage;
- statements from witnesses;
- accident reconstructions;
- testimony from the plaintiff's doctor
Injuries and Damages Resulting from a CA Slip and Fall
While a trip or a slip might seem trivial to some, a parking lot fall can result in serious, life-impacting damage. A fall can cause many injuries, including:
This is only a partial list of possible consequences of a parking lot slip and fall.
California law suggests that if you experience suffering due to a fall on someone else's property, you can work to recover compensatory damages.
After a slip and fall accident, the idea of compensation is to put you back into the health or safety position that you were in before your slip and fall event. The is commonly called “make you whole again.”
Our legal team may be able to argue for any compensatory damages, including:
- medical expenses, past, and future;
- lost wages, past, and future;
- lost earning capacity;
- rehabilitation costs;
- pain and suffering;
- mental anguish;
- loss of consortium.
This type of compensation can help you preserve your future, as well as your loved ones' quality of life.
Medical costs for the types of injuries often resulting from falls can be steep. Compensatory damages can make an enormous difference.
In many cases, a property owner will attempt to find a way to claim the accident victim was at fault. Your damages could be reduced by your percentage of fault under a doctrine known as comparative negligence.
To work towards the maximum compensation possible, you will need to work with our California injury attorneys who have experience negotiating well on behalf of their clients.
Causing Factors in a California Parking Lot Slip and Fall Case
There are often many causing or exacerbating factors in a California slip and fall case in a parking lot. Among the most frequently cited are:
- low lighting;
- broken or uneven payment;
- puddles in parking lots due to bad drainage;
- slippery store entrances;
- poorly marked pedestrian lanes;
- trash and debris in the parking lot;
- steep or uneven ramps;
- hazardous construction zones;
- poor maintenance of public paths or sidewalks;
- safety code violations or breached building code
Common Defenses Against Property Liability Claims
The parking lot owner will likely attempt to mount a defense that involves blaming the victim for their injury.
This might involve many different attempted claims from the defendant, including:
- that the victim was distracted or traversing the parking lot without paying attention;
- that the victim's shoes or clothing were not safe for the environment;
- that the specific hazard in question was marked;
- that the specific hazard should have been very obvious to someone paying attention.
Experienced Legal Team to Help You Pursue Slip and Fall Compensation
Arguing against these above defenses will require the expertise and experience of a skilled California premises liability lawyer.
If you or a loved one has suffered due to negligence in a parking lot slip and fall, reach out to our team.
Slip and fall accidents can result in serious injuries, which makes it important to retain an experienced personal injury lawyer before talking to the property owner's insurance company.
Injury Justice Law Firm are personal injury attorneys serving victims of negligence throughout Southern California.
Our main office is in the San Fernando Valley area at 14401 Sylvan St #112 Van Nuys, CA 91401.
We offer a free case evaluation to assess your situation. We'll then work towards determining the best approach for your case. Contact our law firm at (818) 781-1570 to learn more about what we can do for you.