Falls are consistently the leading cause of injury-producing accidents. They account for more than 1 million injuries each year in the United States. Slip and fall accidents fall under the legal category known as premises liability. When property owners fail to keep their building, parking lots and walkways safe and secure, they create a risk of injury.
A slip and fall includes falls as a result of water, ice or snow, as well as abrupt changes in flooring, poor lighting, or a hidden hazard, such as a gap or hard to see hole in the ground. The National Center for Injury Prevention and Control estimates that in 2004, more than 8 million people were injured in falls.
There is no precise way to determine when someone else is legally responsible for your injuries if you slip and fall. Each case depends on whether the property owner acted carefully so that slipping and falling was not likely to happen, and whether you were careless in not seeing or avoiding the condition that caused your fall.
In most cases, a person injured in a slip and fall accident on someone else’s property must prove that the cause of the accident was a dangerous condition, and that the owner or possessor of the property knew of the dangerous condition. In order to establish that a property owner of possessor knew of a dangerous condition, it must be shown that:
- The owner/possessor created the condition.
- The owner/possessor knew the condition existed and negligently failed to correct it.
- The condition existed for such a length of time that the owner/possessor should have discovered and corrected it prior to the slip and fall incident in question.
Slip and fall accidents are very complex and often difficult to prove. A thorough understanding of the ever-changing and fact-specific laws regarding the various and numerous incidents that result in premises liability is essential to successful legal representation. If you have been involved in a slip and fall accident contact an experienced slip and fall attorney at Grey Law for a free legal case evaluation. Our attorneys can explain the legal process, evaluate your case, and discuss how we may be able to obtain compensation for you. Call us at 323-857-9500.
There must be some form of negligence on the part of the owner or occupier of property before there can be any liability. It is necessary to understand the difference between the owner of the property and the occupier of the property and their relative liability. There are three different types of people who may be on the property because the degree of responsibility owed by an owner or occupier varies according to the status of the person who is injured. These types are invitees, licensees, and trespassers.
An invitee is a person who is invited upon the premises in order to conduct business with the possessor. For example, shoppers are invitees of department stores because the department store welcomes shoppers to purchase merchandise on its premises. Possessors of property owe invitees the highest duty of care.
A licensee is a person who is present for a non-commercial, non-business purpose at the consent of the possessor of the property, such as a social guest at someone’s residence.
Property owners owe the lowest duty of care to trespassers. Property possessors have no duty to warn trespassers of dangers naturally occurring on the premises, such as quicksand. However, if the possessor is aware of the trespasser, then usually a duty arises to warn the trespasser of dangerous, man-made conditions on the property, such as an electric fence that emits a lethal shock.
In California, premises liability law requires that property owners must ensure the safety of children, regardless of whether they are supposed to be there or not.
If you or a loved one has been injured in a slip and fall accident contact the attorneys at Grey Law today. Our attorneys have the experience and the resources to successfully represent plaintiffs injured on unsafe property in Los Angeles and the surrounding communities. Call us today at 323-857-9500 for a free legal case evaluation.