Accidents happen every day, but some can be avoided. If you or a loved one suffer injuries from a slip-and-fall due to the negligence of others, you may have a solid personal injury case.
In order to ensure that you get the compensation you deserve for your accident, it is important that you handle the claim properly. There are a few key facts you should know about the slip-and-fall accident claim process in California.
Determining responsibility is critical to any slip-and-fall case because not every instance is automatically the fault of the facility. In fact, patrons have a responsibility to act in a safe manner to try to avoid incidents, and business owners must take reasonable precautions to keep the facility safe. Under California's comparative liability the courts look at both parties' amount of liability in the incident. Depending upon a patron's percentage of fault, the judge may decrease the award amount.
To file a claim, individuals must file with the California Superior Court. However, this is usually the last course of action. Initially, individuals try to negotiate a settlement with the business directly and consider filing a claim when they are not able to come to an agreeable conclusion. Whichever option claimants take, it is important for them to keep in mind that according to California's statute of limitations, parties have two years to file a claim.
Proving a claim
Proving a slip-and-fall claim follows similar protocol to personal injury claims. Particularly for a slip-and-fall, a claimant must prove three main components:
- The facility owner or employee should have known about the hazard.
- The owner or employee had knowledge of the hazard but did not repair it.
- The negligence concerning the hazard caused the accident.
Claimants who can show these three things have chances of winning their cases. A knowledgeable attorney can help to build and present a strong case.
Understanding and implementing these facts may aid in your claim. Take some time to review the law and claim process to determine the best route for you.