Santa Ana Slip and Fall Lawyers
Proving Fault in Santa Ana Slip and Fall Cases
There is no exact way to decide when somebody is legally accountable for your injuries if you slip or trip. Each slip and fall accident injury case turns on whether the land owner acted cautiously so that slipping or tripping was not likely to occur, and whether you were slapdash in not considering or avoiding the state that caused your fall. Sorting through the issues is a complex matter that can often times only be resolved by hiring a Santa Ana slip and fall accident attorney. Here are some general rules to help you clarify whether someone else was at fault for your slip or trip and fall injury.
In most Santa Ana cases, the individual injured in a slip and fall on someone else's property must establish that the cause of the misfortune was a "treacherous condition", and that the owner or possessor of the property knew of the perilous circumstance. A hazardous situation must present an unreasonable threat to a person on the property, and it must have been a circumstance that the injured party should not have expected under the conditions. This latter obligation implies that people must be conscious of, and keep away from, obvious dangers.
In order to institute that a property owner or possessor knew of an unsafe condition, it must be revealed that:
- The owner/possessor created the circumstance;
- The owner/possessor knew the condition existed and carelessly botched in correcting it; or
- The condition existed for such a span of time that the owner/possessor should have revealed and corrected it prior to the slip and fall occasion in question.
For a home owner or possessor to be held answerable, it must have been predictable that his inattention would fashion the threat at issue. If a container of paint falls and spills in an aisle of a store and, one day later, the store has not noticed or cleaned up the spill, and someone slips in the paint and is injured, one might argue it was expected that the store's negligence in failing to inspect its aisles and clean up spills would cause someone to slip.
Occasionally, a claimant can prove carelessness by showing that the property owner violated a pertinent law. For example, building codes often order when and where handrails and other like features must be installed. If you fall on a stairway that lacked suitable handrails, and the lack of the banister caused your injuries, you may have a valid claim against the building owner based on his or her building code contravention.
Who is Responsible for a Slip and Fall Injury?
In order to recover compensation for a slip and fall complaint sustained on another's property, there must be a guilty party whose negligence caused the injury. This sounds evident, but many people do not recognize that some injuries are plainly accidents caused, if anything, by their own negligence.
For instance, if someone falls simply because he was not looking where he was walking, he cannot recover against the property owner if the owner was in no way at fault, no matter how serious the injury. If an injured person is only partially at fault for his own injury, he might still be able to recover from another, but the dollar amount of his recovery might be reduced.
Another condition most common, but is less clear-cut than the other because of the phrase "should have known", responsibility in these cases is decided by general intellect. The law determines whether the owner or occupier of property was watchful by deciding if the steps the owner or occupier took to keep the property safe were practical.
You don't have to "prove" to an insurance adjuster that you were careful, but think about what you were doing and describe it clearly so that an insurance adjuster will understand that you were not careless.
If you have been injured in a slip and fall accident, then you will want to contact an expert Santa Ana slip and fall accident attorney.
Contact Bisnar Chase for more information about your situation.
Call 949-203-3814 for a Free Case Consultation.
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