Proving Negligence After a Slip and Fall in California | Maison Law

Slip and fall incidents are among the most common types of accidents in California and elsewhere. In public spaces like businesses, nearly nine out of ten high-risk areas have no safety measures in place. If you’ve suffered injuries, you have the right to pursue compensation. However, you must prove that the property owner was negligent. How do you prove negligence under California law?

What Is Negligence?

The law, especially in California, asserts that we all have a duty to protect each other from foreseeable risks. For example, you can’t just install a set of steps without including a handrail. If you do so and someone falls, they could pursue an insurance claim or a civil case. The logic is that a reasonable person would’ve put in a handrail to protect others from injury.

The broad legal term for this is premises liability. The term premises covers nearly any accessible property, whether a commercial location or a residence. The idea also extends to all parts of the property, such as walkways, entrances and garages.

There are plenty of situations that increase the risks of premises.

• Dark areas with poor lighting
• Wet or extremely smooth floors
• Damaged stairs
• Cluttered spaces with lots of obstacles

A property owner must ensure that other people don’t suffer injuries in these situations. The standard of negligence is generally more applicable if someone invites you in, such as a store opening its doors for business. However, the law also accounts for publicly accessible areas of residential properties, such as sidewalks and porches. Likewise, you might have a claim for injuries while you’re in someone else’s house.

California Premises Liability

Most of California’s concept of slip and fall law comes from the common law definition of premises liability. Throughout most of the United States and even many former British colonies, the basic definition of a slip and fall accident is the same. Notably, California goes a little further with its civil code, broadly stating that everyone is responsible for ordinary care of a property to protect others.

The big difference, however, is California’s standard of pure comparative liability. Most states exclude claims if the victim is predominantly responsible for their injuries. In California, victims can still file claims even if they were mostly liable. This means that someone might pursue damages against a property owner who was only 20% liable. If successful, they would then be able to recover 20% of the damages.

Note that plaintiffs in California can pursue claims against multiple parties, too. If you believe that a property management firm and a landlord are both liable, then you can pursue a claim against both.

Proving Negligence

California’s standard for proving negligence is the preponderance of the evidence. This means you have to prove that your version of events is more likely than not the correct one. This is sometimes seen as a 51-percent standard since 51% of the evidence should support your case. Most states use this standard of proof.

Proof

Building a claim typically involves assembling a handful of common types of evidence. Photographing the location as close to the time of the accident is often critical in slip and fall cases. A photo might show that a store’s floor was wet and there were no warning signs up. You also might demand discovery of surveillance video and maintenance logs to support your argument.

Witness statements are useful since people can attest to what they saw. Reports from first responders also carry a lot of weight. Depending on what happened, you might need to assemble expert opinions. For example, an engineer could attest to how a stairwell collapsed due to shoddy construction or lack of maintenance.

A history of safety complaints also can prove a pattern of negligence. Municipal and state safety complaints often detail problematic locations and property owners.

You will also need to prove your injuries. Make sure to collect medical bills to support your claim of damages. Likewise, information like doctor’s reports and medical scans can detail your specific injuries and shed light on your pain and suffering. You should also document long-term medical needs, such as ongoing nursing care, medical devices and physical therapy. The same goes for lost wages from being injured.

Pursuing a Claim

Slip and fall claims can be complex, and they often involve negotiations with insurers. Know your rights and how to prove your case. If you have questions, talk with an attorney right away.