Negligence Claim: Was Your Slip & Fall the Result In 2021?

a warning sign depicting a person slipping

Negligence Claim

Maybe you were in the store to grab dinner on the way home from work, walking your child to school on a cold morning, or finding your seat in a dark movie theater. Whatever the circumstances, you had a slip and fall that caused your injuries.

Do you pay for these injuries out of your pocket? Is someone else liable? Do you have any recourse? A slip and fall injury comes with many questions. An experienced Los Angeles personal injury lawyer will not only answer these questions but also help ensure that you receive the best compensation possible for your injuries.

The Elements of a Negligence Claim

Nearly all personal injury claims are rooted in negligence. The legal concept of negligence requires the plaintiff to establish the following elements in their case:

  • Duty— The defendant owed a legal duty to the plaintiff under specific circumstances. For example, the grocery store has to keep their aisles dry and safe.
  • Breach—The defendant breached their legal duty by acting or failing to act appropriately. A grocery store employee mopped an aisle but did not put up wet floor warning signs.
  • Causation— It was the defendant’s actions or lack thereof that caused the plaintiff’s injury. You slipped on the wet grocery store floor and broke your leg.
  • Damages—The plaintiff was harmed or injured as a direct result of the defendant’s actions or inactions. You suffered pain and incurred medical bills.

Depending on the particulars of your slip and fall situation, you may have a legal claim based on the property owner’s failure to either warn you of danger, address the risk, or prevent you from entering a hazardous area. When you hire a Los Angeles-based personal injury attorney, they will review your case to see if it involves each of these elements.

Premise Liability

Slip and fall claims are under the umbrella of premise liability. With this type of liability, your Los Angeles personal injury lawyer must prove that your slip and fall occurred out of more than just happenstance. They must show that the property owner is to blame. One of the following must be true to prove premise liability:

  • The party who owns or manages the property caused the hazardous condition that led to your slip and fall
  • The party who owns or operates the property was aware of the dangerous situation that led to the slip and fall
  • The party who owns or manages the property should have known about the hazardous condition that led to the slip and fall

Take Your Slip and Fall Case to a Skilled Los Angeles Personal Injury Lawyer

If you were injured in a slip and fall accident on someone else’s property, it’s time to meet with a skilled Los Angeles-based personal injury attorney. The property owner may be liable for paying for your damages, such as your medical bills, lost wages, and pain and suffering. Find out by scheduling your case consultation at Jahrmarkt & Associates today. Call (310) 226-7676 or use our online contact form.