Slip-And-Fall Attorney In CA
Falls can be caused by a single step that is not properly marked or illuminated. Outdoors, weather conditions and potholes can also cause falls. Falls caused by faulty escalators are another common occurrence in shopping malls.
How Do You Establish Fault?
To receive redress from a property owner, you need to be able to show that they caused the condition, knew of it and did nothing about it, or should have known about it. That essentially means common sense must be used. Special rules apply to government properties – which often include sidewalks, paths in parks, etc. Although the government does have a duty to maintain reasonably safe conditions, they also have broad legal immunity which can make a suit particularly difficult. Claims against the government must be brought sooner than those against individuals.
What Is the Standard of Reasonableness?
California uses comparative negligence, meaning anything you were doing that could have contributed to the fall lessens the award to which you may be entitled – things like talking on your cell phone or running. A higher standard is applied to escalators and property owners are always responsible for maintaining their escalators. For example, if an escalator suddenly stops for no reason, causing a trip and fall accident, the owner is likely to be liable.