Slip & Fall
When you are on the property of another party, you expect to avoid harm because generally that party has a responsibility to keep the premises in a reasonably safe condition. If a person or entity fails to do so and causes harm to you as a result of this negligence, you may be able to pursue compensation from the party responsible. Los Angeles slip and fall Lawyer Vann H. Slatter has guided victims of slip and fall accidents through premises liability claims for over 30 years. Our team provides honest, knowledgeable, and compassionate advice to those seeking legal guidance after an accident.Holding a Negligent Property Owner Liable for Damages
Serious accidents can happen anywhere, whether you are in your apartment or someone else’s home, a store, parking lot, pool, bar, or countless other places. If you were injured on property that is controlled by another party, you may have a premises liability claim if that party was negligent in managing its property. A premises liability claim may be filed against whoever owns, leases, occupies, manages, or otherwise controls the place at which the accident occurred. Potential defendants can include landlords, homeowners, tenants whose home you visit, store owners, and businesses. However, it is generally not possible to bring a premises liability suit against state and federal governments for accidents that happen on government property, due to sovereign immunity.
To establish a premises liability claim, the plaintiff must show that the defendant had control of the property, the defendant was negligent in the use or maintenance of the property, the plaintiff was hurt as a result, and damages arose from the accident. In general, a person or entity has a duty to keep the property in a reasonably safe condition, and this typically includes reasonable inspections of the property. A defendant is negligent, therefore, if a condition on the property created an unreasonable risk of an accident, and the defendant knew of the condition or should have known by exercising reasonable care but failed to warn, repair, or otherwise protect others from harm. While the defendant does not have to warn of a condition that is so open and obvious that a person would be expected to recognize it, the defendant must still take reasonable steps to repair it. In some specific situations, such as those involving landlords and tenants, employers and employees, or business proprietors and patrons, the requirements may be more nuanced.
Damages in premises liability cases may include medical expenses, lost earnings, and other past and future economic damages, as well as non-economic damages, such as pain and suffering. In some cases, the California rule of comparative fault may apply to reduce the plaintiff’s damages. This happens in situations when both parties are found to be negligent, and the plaintiff’s damages are reduced by the amount equal to his or her responsibility for the harm.Statute of Limitations for Slip and Fall Accidents in California
A statute of limitations is a rule that puts a limit on the amount of time a person has to file a lawsuit within a state’s court system. Depending on the type of case, this deadline with differ. In this particular instance of negligence the deadline in California for filing is two years. For damaged property there is a separate filing deadline of 3 years.
You should file your claim as early as possible so that there is ample time to explore all aspects of the case so that you can get the compensation you are owed. If you file after the deadline the property owner can ask for the case to be dismissed, and the court will almost always do so. Our attorneys at Slatter Law Firm will take it from here while you attend to your health and livelihood.Discuss Your Premises Liability Claim with an Experienced Los Angeles Slip and Fall Lawyer
Reviewing the facts of your accident case with a skilled lawyer who is experienced in premises liability claims may be beneficial in determining your legal options. Attorney Vann H. Slatter represents individuals in a variety of injury cases, including dog bites and slip-and-fall accidents. We are proud to serve people from Reseda, South Gate, Bellflower, Norwalk, Downey, and other Southern California cities. To schedule a free consultation, call our office at (310) 444-3010 or contact us online.