If you’ve been involved in a California slip and fall accident, this may be the first time you are dealing with filing a claim. You may be wondering if it is an easy process, but without experienced legal counsel, it’s generally not.
Although certain insurance companies and property owners treat injured victims equally, others will do all they can to limit or dismiss a claim and will almost certainly lift some common defenses to provide a low payout sum.
Common Defenses against victims in California Slip and fall cases
Property owners and managers have a responsibility to keep visitors safe and to take appropriate precautions to keep them safe from hazards. If they are unable to eliminate the danger immediately, they should post warnings about the danger.
Property owners will be held liable for damages incurred by their negligence if the following conditions are met:
• The owner owes a duty to a third party, and the owner fails to fulfill the duty.
• The breach of the owner is the immediate and proximate cause of an accident.
• As a result of the accident, a third-party experiences economic losses and injuries.
However, things do not always work that way.
Here are some of the most common defenses used by businesses, insurance agencies, and property owners to contend that their negligence was not the cause of the incident.
Comparative negligence. One common defense used to defeat a slip and fall injury claim is that the victim was partly to blame for his accident. California adheres to the pure comparative negligence rule. It specifies that an injured victim is entitled to compensation regardless of how much he contributed to the accident. The amount he gets, however, is limited by his percentage of fault. E.g., if the compensation due was $100,000 but the victim was 30% at fault, he would receive $170,000.
The victim had to avoid the dangerous situation. It is generally argued that the victim should have spotted the dangerous situation and avoided it.
The owner did not get the opportunity. A business or property owner is liable under California law for unsafe conditions that they knew or should have reasonably known about. In certain cases, the insurance provider can contend that the owner or business is not liable because they were not given adequate notice of and an opportunity to correct a dangerous condition. For example, if someone is injured as a result of another customer’s spill in a fast-food restaurant, this point may be raised.
Why you need a California Slip and Fall Lawyer to handle your case
The insurance firm does not want you to consult with an attorney. The insurance adjuster can try to talk you out of working with an experienced slip and fall attorney. He will tell you that if you don’t have to pay legal fees, you’ll get more cash in your settlement. If they do not have a lawyer to discuss their settlements, many slip and fall injury victims receive even less than they deserve.
A slip and fall lawyer knows how to counter these defenses and will evaluate and explain all of the facts and circumstances surrounding the accident. This can include showing proof of the slip and fall accident, such as pictures of the accident scene, eliciting eyewitness testimony, explaining that the injured party bore no blame and that no intervening events caused the accident.
If you slip and fall or are injured on someone else’s property, the expert California slip and fall attorneys at Ghozland Law Firm will assist you in obtaining the compensation you deserve. They will facilitate you in obtaining sufficient compensation to cover medical costs, lost income, and all other injury-related costs.