The Elements of a California Premises Liability Case
In Santa Ana and throughout California there are four elements to a premises liability claim that you and your slip and fall accident lawyer must prove under California Civil Jury Instruction 1000. They are:
- That the defendant leased, owned, or was in control of the property
- That the defendant was negligent in their care or use of the property
- That you or your loved one was injured
- That the defendant’s negligence was the significant factor that caused you or your loved one’s injuries.
How Do I Establish Negligence in a California Slip and Fall Case?
To establish negligence in your Santa Ana slip and fall accident, you must be able to prove the defendant was negligent in some way. A dangerous condition must have been present, and the defendant knew or should have known about the condition, and they failed to warn you about or repair the dangerous condition.
For example, if you are in a grocery store and the floor is wet due to a spill and you or a loved one slips and falls, this could be considered an unreasonable risk of someone being harmed because you may not expect a wet spot while shopping.
Additionally, the store has many employees and security cameras, and it’s reasonable to assume the spill would have been easily detectable and cleaned.
Where Do Most Santa Ana, California Slip and Fall Accidents Happen?
While slip and fall accidents in California can happen just about anywhere, the three most common places a slip and fall accident occurs is:
- Residential Property
- Commercial Property
- Government Property
Let’s take a closer look at each of these places.
There have been cases in Santa Ana, California where a landlord or the property owner had to pay a tenant or visitor to the property if they were injured in a slip and fall accident. For this to happen, the following conditions must be present:
- The landlord or property owner knew or should have known about the dangerous condition that caused you or your loved one to be injured.
- The landlord or property owner could have repaired the dangerous condition
- It was foreseeable that an accident could happen if the dangerous condition wasn’t repaired
- Because the Santa Ana, California landlord or property owner didn’t repair the dangerous condition, you or a loved one slipped and fell.
A California business owner, property owner, or employee of any business may be held accountable for your slip and fall accident when one of the following conditions are present:
They created the condition that caused you or your loved one to slip and fall
They knew about the potentially dangerous condition but didn’t fix the problem.
They should have known about the dangerous condition and had it fixed because any reasonable person would have known about the dangerous condition and had it repaired before someone could be injured.
Any slip and fall accident that happens on Federal or California government property has its own set of issues that the skilled and knowledgeable Santa Ana, California slip and fall accident lawyers at Attorney Jeff will want to address immediately. Some of the issues that need to be addressed include, but aren’t limited to:
- Statutory Laws
- Rules on Filing a Claim
- What Qualifies as a Branch of the State or Federal Government or Affiliated Organization.
What Are the Most Common Slip and Fall Injuries in Santa Ana, California?
If you or a loved one is a victim of a slip and fall accident in Santa Ana or throughout California, you could suffer serious injuries such as:
- Broken Bones
- Bulging Discs and/or Pinched Nerves
- Head and Brain Injuries
- Loss of Life
- Sprained or Torn Ligaments
- Strained Tendons or Muscles
- Other Soft Tissue Injuries
What Type of Damages Can I Recover in a Santa Ana, California Slip and Fall Accident?
The damages you may be able to recover from your California slip and fall accident can vary depending on how serious your injuries are and will include your slip and fall accident’s financial impact and non-financial effects on you and your family. The types of damages you may be able to recover in your Santa Ana slip and fall accident include, but may not be limited to:
- Medical Expenses – both past and future
- Lost Wages and Lost Earning Capacity
- Pain and Suffering
- Punitive Damages: Depending on the circumstances of your individual case, you may be awarded punitive damages. Punitive damages are only awarded if the defendant’s behavior was so outrageous that the California court seeks to punish the defendant’s behavior.
What is the California Statute of Limitations on Slip and Fall Accidents?
The Statute of Limitations dictates how much time you or your loved one has to file your slip and fall lawsuit. In California, according to the California Code of Civil Procedure 335.1, you have two years from the date of your injury to file your lawsuit.
If you don’t file your Santa Ana, California slip and fall lawsuit within the time allowed by law, the court will not hear your case and you will not be able to recover any monetary compensation for your slip and fall injuries.
Hiring a Santa Ana, California Slip and Fall Accident Lawyer
If you or a loved one has suffered an injury from a Santa Ana, California slip and fall accident, don’t hesitate to contact Attorney Jeff. Our knowledgeable and experienced slip and fall attorneys are prepared to aggressively protect your rights and work hard to get you and your family the monetary compensation they deserve.