When you first think about a slip and fall accident, you likely don’t think about a serious injury. Unfortunately, as you get older, or as conditions on someone’s property deteriorate, slip and fall accidents become all the more likely, as well as more dangerous.
Should you suffer a personal injury as a result of a slip and fall accident, you can take your losses to court. At Kash Legal, our slip and fall lawyers in Rialto can help you hold a property owner accountable for propriety. In turn, you can secure the compensation needed to restore your previous quality of life.
Your right to a slip and fall claim depends on the role you took while on an offending party’s property. Specifically, you must serve as either an invitee or a licensee to benefit from the pursuit of a slip and fall accident.
Invitees, as the name suggests, are individuals who have been welcomed onto a person’s property either due to explicit invitations or implied consent. These parties can include customers in a store or friends and family. Invitees are entitled to a comprehensive duty of care ensuring that they have the right to reasonable protection from harm.
Licensees, similarly, are individuals who have been welcomed onto a person’s property with the landowner’s knowledge. However, these parties are often individuals who have a task to perform on the property in question.
These parties can include utility employees, maintenance teams, or construction crews. When a property owner invites these parties onto their land, the owner assumes liability in the face of unexpected dangers. A Rialto slip and fall attorney at Kash Legal is here to help you sort through this matter.
The only parties who do not have access to a landowner’s duty of care while on another person’s property are trespassers. Trespassers are not entitled to any reasonable protection from harm, as they are considered to be illegally present on another person’s land.
That said, trespassers are entitled to some protections while on another person’s property. For example, landowners cannot use excessive force to remove a trespasser from their land. Any harm done to a trespasser can be seen as a criminal act.
Normally, there are some exceptions to the property rulings regarding trespassers, though. If the trespasser in question is under the age of 18 and unaware that they are trespassing, they are protected by the doctrine of attractive nuisance.
However, as of 2022, California does not abide by the doctrine of attractive nuisance. If a slip and fall accident victim trespassed on another person’s property, they cannot be brought to civil court regardless of their age.
Should you fulfill one of the aforementioned approved roles and slip or trip and fall on a person’s property, you may be entitled to compensation for the negligence resulting in your injury. However, you must indicate that you filled one of the aforementioned roles using evidence. You must further elaborate on the negligence that allegedly resulted in your injury.
This means that a civil court will expect you to submit evidence of the damage done under someone else’s property that led to your accident. You can bring forward physical debris, photos of land damage, and bystander accounts of your accident. Our team can also contact expert witnesses to elaborate on the nature of your injuries.
In most cases, the party liable for slip and fall accidents in California is a landowner. However, if you believe another party contributed to your losses, you can charge them with your need for compensation under California’s understanding of comparative negligence. The doctrine of comparative negligence states that multiple people can hold a percentage of the fault for your losses. These complex issues will be taken care of by Kash Legal’s dedicated slip and fall injury lawyers.
The reason most victims of slip and fall accidents choose to pursue compensation in civil court is to secure the means they need to adequately recover from their injuries. Should a court decide to hold a party accountable for your losses, you can demand that said party help you pay for bills like your:
You also have the right to request compensation for losses that don’t generate traditional bills. These non-economic losses can include PTSD, pain and suffering, and emotional distress. To calculate the value of these losses, you can request that our slip and fall attorneys in Rialto use state-approved multipliers to modify the sum of your bills.
Lastly, you have to consider the deadline that California applies to your slip and fall case. You do not have an indefinite amount of time to bring your case forward. Instead, according to California’s statute of limitations, you have two years from the day the accident occurs.
If you do not believe you will be able to present evidence regarding your losses, don’t worry. Our attorneys can step in while you are still recovering from an injury to begin compiling your case. So long as we have testimony from you regarding your losses, we can work to submit your claim within the deadline.
Note that if you have any interest in pursuing a civil suit against an offending landowner, you or your slip and fall accident lawyer must bring a claim forward. Failure to submit a slip and fall claim can see you waive all rights to pursue compensation in or out of court for your losses.
Slip and fall accidents tend to go hand-in-hand with premise liability cases throughout California. To learn more about how these cases interact with personal injury law throughout the state, you can contact Kash Legal. A Rialto slip and fall attorney can talk you through the process of both classifying your case and pursuing it in civil court.
Our team has significant experience advocating for the rights of injured parties in civil court. When it comes time for you to pursue compensation for your accident, you can count on us. Reach out to us by calling (888) 527-4128 or filling out our contact form.
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