When can I Sue for a Slip & Fall Injury?
Any property owner who is negligent regarding the upkeep and maintenance of his / her property can be held liable for damages if you or a loved one suffered a slip and fall on the premises.
If you had a legitimate reason for entering and / or remaining on a certain property and acted in a reasonable manner on the property, the owner owes you a degree of care as far as keeping their property clear of dangerous conditions or providing adequate warning of such dangerous conditions.
The property owner is required to take reasonable steps to ensure their property is free of dangerous conditions which could cause a person to slip and fall. At the same time, this reasonableness has to be balanced against the care a person that slipped and fell should have utilized.
What to Look for in a Slip & Fall Suit
All claims of negligence, including slip and fall accidents, hang on whether the plaintiff acted reasonably on the premises. In making such a determination, courts focus on whether the owner made regular and thorough efforts to keep the property safe and clean.
The following questions are often asked concerning the property's maintenance:
- Had the dangerous spot been present long enough that the owner should have known about it?
- Can the owner prove they regularly maintained the premises?
- Was there a legitimate reason for the object to be present on the ground?
- Could this object or property damage have been removed or made otherwise safe?
- Would the owner have been greatly inconvenienced by fixing the danger?
- Could proper warning been given to prevent someone from slipping?
- Was the accident a result of poor lighting?
When discussing your case with an insurance adjustor, you are not obligated to prove you were being careful, however you should consider what you were doing and describe it clearly so the adjuster can understand you were acting intentionally.
If you have been injured in a slip and fall accident, a San Diego personal injury attorney from The McClellan Law Firm can answer any questions you may have during your free case evaluation.