If you are a guest on someone’s property, such as their home, and you are injured in a slip and fall accident, can you file a claim to recover financial compensation for your injuries?
In California, generally speaking, the answer is yes. Proving negligence in a slip and fall or trip and fall case can be challenging, so speak to an experienced accident lawyer about your potential case.
Slip and fall accidents on private property
Thousands of people are injured each year when they slip or trip and fall on a wet floor, stairs, or a rough patch of ground. However, just because you slip does not make the homeowner liable for your damages. Unfortunately, a property owner (or tenant) cannot always be held responsible for immediately picking up or cleaning every slippery substance on a floor. Furthermore, if an ordinary person would have been expected to find or see and avoid the cause of the slip, the property owner may not be found liable.
Determining liability in a slip and fall
In order to hold the homeowner responsible for the injuries you suffered from slipping or tripping and falling while on his property, one of the following must be true:
- The owner of the premises or an employee must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item to be underfoot.
- The owner of the premises or an employee must have known of the dangerous surface but done nothing about it.
- The owner of the premises or an employee should have known of the dangerous surface because a “reasonable” person taking care of the property would have discovered and removed or repaired it.
Discuss the facts of your slip and fall case with an experienced personal injury attorney.
Homeowner’s insurance and slip and falls
If the property owner’s negligence did cause you to slip and fall, resulting in injuries, you will want to know if he/she will compensate you for your injuries. Therefore, the first question to ask is whether the owner has homeowner’s insurance. Fortunately, a majority of homeowners in California do. For example, if the homeowner has a mortgage, he or she will likely have property insurance because the mortgage companies require it.
For more information on whether you can file a claim to recover compensation for injuries you suffered after tripping on someone’s property, contact experienced slip and fall accident attorney Barry P. Goldberg today.