Injury Law Blog

Premises liability: Who was at fault?

If you were hurt in a slip-and-fall accident in California, the first thing you’ll want to do is seek out medical attention to treat your injuries. The next thing you’ll want to do is determine whether you were at fault for the fall or if another negligent party may be to blame.

Although proving fault after a slip-and-fall incident isn’t a precise process — and it will vary from case to case — there are several key ways of looking at the situation. In order to prevail in a slip-and-fall premises liability claim, there are several factors you will need to prove in court, so it’s best to focus on the following areas:

  • A dangerous condition existed on a property, which any reasonable property owner would have known, or should have known, could result in a serious injury to visitors.
  • The property owner, manager or employees who worked at the property knew, or should have known, that the dangerous condition that hurt you existed on the premises. The dangerous condition was there for long enough that it should have been corrected.
  • The property owner negligently did not correct the problem.
  • The dangerous condition caused you to slip or fall.
  • You suffered significant injuries as a result of your fall, and those injures have required you to incur medical costs and other kinds of damages — like lost income, lost quality of life and pain and suffering, to name a few.

If you’re able to prove the above factors, you may have a viable claim related to your injuries. When successfully navigated, a slip-and-fall accident claim could force the property owner or company responsible for the slip and fall to pay for the plaintiff’s medical care and other related expenses.