Sometimes it just takes a little slip to lose balance and suffer a serious injury. And let's say it happens on somebody else's property or home, inside a business place, or even a sidewalk part of his/her property. Then who is responsible for this kind of accidents? And more important, how and who will take care of everything in this situation?
In California, these kinds of situations are known as Slip and Fall law protection cases or individual injury claims, or lawsuits in which an individual has experienced an injury due to a fall that is entitled to be protected by the law. Basically means any injuries incurred when someone slips, trips, or falls due to a dangerous condition on another person's property.
Under California laws two of the most significant things in a slip and fall claim are the legal time limit to file the suit in court, and the comparative fault rule, which can constrain your entitlement to recoup a compensation for the damages or injuries as results of the incident.
Limitation Statutes about Slip and Fall Law in California
The law states a legal time limit to set a period in which you are entitled to file a lawsuit or a claim in court. Explicit time limits change according to the type of case or claim that applies to a slip and fall case in California and usually is similar to some other cases related to personal injury.
Specifically, the California Code of Civil Procedure section 335.1 says: "Delictual activities or any similar action are dependent upon a liberating solution of two years and the limitation of filing the lawsuit is two years as well. This remedy initiates from the day of injury or harm and applies as well in the fall and slip case."
Comparative Fault Rules
Just like with car crashes or auto accidents cases, in a slip and fall case the landowner may attempt to prove that the victim is absolutely, or partly, liable for this incident. It is important to note that not all states have the same legitimate codes or laws in their statutes about how to establish the compensation for personal injury cases.
This sort of lawful contention is known as a comparative fault or comparative negligence in California. California's comparative fault rules provide the means to the defendant to give the fewer amounts as compensation to the victim if he/she proceeds with plea of comparative fault
Slip and Fall Causes
Dangerous conditions that can cause slip and fall incidents includes:
- Wet or slippery floors
- Floor covered with carpets
- Broken tiles
- uneven sidewalks
- Lopsided walkways
- Recently cleaned wet floors
- Plain changes in floor rise
- Harmed stair rails or tracks
- Free deck or covering
- Trash in passageways or walkways
What to do after a Slip and Fall case situation:
- Look for medical treatment right away after the incident took place
- Follow your primary care physician's suggested treatment step by step
- Report the incident this to the landowner or possessor
- Review the mishap scene or place of occurrence where you succumbed to clear dangers
- Take photographs or video of the fall and slip incident scene right away
- Spare the garments and shoes you were wearing for proof and evidence
- Contact an accomplished slip and fall lawyer
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