Proving Fault in a Slip and Fall Lawsuit in Los Angeles

December 30, 2013

Ellis Law Corporation

Premises

If you were injured after a fall on someone else’s property, a slip and fall lawsuit in Los Angeles can be filed with the help of experienced attorneys. Premises liability law establishes the requirements for a slip and fall claim to be filed within California.  The law provides protection to any victims who were harmed because of negligence or carelessness of property owners.

What must you prove in a slip and fall lawsuit in Los Angeles?

When you file a slip and fall lawsuit, you must prove that you are entitled to compensation for your losses under premises liability laws. This means you need to prove:

  • That the property owner had an obligation to you. 
  • That the property owner failed to live up to that obligation.
  • That you got hurt as a result of the failure.

Los Angeles slip and fall attorneys can assist you in gathering the proof you need.

A property owner’s obligations

All property owners have certain basic obligations to ensure that their property is reasonably safe.  Renters, too, can sometimes have a requirement to ensure safety of their space.

The specific duty that an owner or renter has will vary depending upon what the property is used for. Stores, hotels, restaurants and other public places that open their doors to customers have the highest obligation to their patrons. Owners or renters who run these types of establishments have a duty to regularly inspect the premises and to ensure it is safe. If there are hazards, the property owner or renter has a duty to warn guests about the risk or to correct the danger.

Homeowners who invite friends or acquaintances over also have a legal obligation to make sure they don’t create a dangerous situation for visitors. While these property owners don’t have to inspect the premises, they do need to fix hazardous conditions or warn guests about any dangers that the owner knows about or reasonably ought to be aware of.

To win a slip and fall lawsuit, you need to first establish the relationship you have with the property owner so that you can show the duty owed to you.

Failure to maintain the property

Once you have established the property owner’s obligation, you must show that the owner or renter failed to live up to his duty. Slip and fall attorneys can help to gather evidence by subpoenaing maintenance records, talking to employees or reviewing employment schedules, interviewing witnesses about conditions, reviewing accident reports and presenting photographs of the property conditions in the area where the injury took place.

To prevail in court, you will need to demonstrate not just that there were unsafe conditions but that these conditions were the direct cause of your fall.

Veteran Los Angeles slip and fall attorneys

Finally, you will need to show just how badly you were hurt as a result of the negligent property maintenance. You can present medical records and testify in court as to how the fall injury has affected you.

With the help of Ellis Law firm personal injury attorneys, you can recover compensation for the monetary and non-economic damages that occurred as a result of the slip and fall caused by negligent property maintenance.Call 310-641-3335 today for a complimentary consultation.