Slips and falls happen often, and sometimes they are simple accidents with no one to blame.
In many situations, though, a fall occurs not by chance but because the owner or occupier of a property fails to fulfill their responsibility to maintain a safe space before opening up their property to visitors or guests.
If you or someone you love is hurt in an incident arising from unsafe conditions at a place you are visiting — whether the location is a public space or a private home — you have a legal right to pursue a claim for compensation.
The Oceanside slip and fall lawyers at Miller & Steele Law Firm can help you understand how the law protects you in these situations and can work with you to navigate your claim and get the compensation you deserve. Give us a call at (760) 439-2210 to schedule a free consultation with a compassionate advocate who will fight for you.
What Causes Slip and Fall Accidents?
Unsafe conditions on a property can significantly increase the risk of a fall injury and can be directly responsible for causing you to slip or trip.
A few examples of the types of property conditions that could be classified as unsafe include the following:
- Dirt or debris in aisles or walkways
- Aisles that are too narrow and poorly lit
- Wet floors that become slippery
- Damaged stair treads or damaged handrails
- Uneven or unstable flooring surfaces
These are just some of the many conditions on a property that could put you at risk of a fall — and that could give rise to legal liability on the part of the property owner.
When you are harmed, you should always try to take pictures of the scene of the accident so you can have proof of the type of conditions that put you at risk.
How To Determine Who is Liable for Slip and Fall Accidents
When a fall isn’t just a random accident but instead occurs as a result of the negligence of the property owner or occupier, then victims can recover monetary compensation for damages.
The key is to determine if the property owner or occupier fell short of their obligation to maintain the space in a safe way.
“The proper test to be applied to the liability of the possessor of land… is whether in the management of his property he has acted as a reasonable man in view of the probability of injury to others,” according to Rowland v. Christian (1968) 69 Cal.2d 108.
If the owner knew or should have known, about the hazard and failed to take reasonable steps to correct it or warn you of the issue before inviting you onto their property, you should be able to pursue a legal claim with the help of an Oceanside personal injury attorney against them for the harm you endured.
What Is The Duty of Care Owed To Licensees vs. Invitees vs. Trespassers?
In determining if a property owner failed to maintain their property with reasonable care, it’s important to determine what the victim’s status is in the property. A visitor could be a licensee, invitee, or trespasser and this distinction matters when it comes to determining liability.
“Generally speaking a trespasser is a person who enters or remains upon land of another without a privilege to do so; a licensee is a person like a social guest who is not an invitee and who is privileged to enter or remain upon land by virtue of the possessor’s consent, and an invitee is a… business visitor who is invited or permitted to enter or remain on the land for a purpose directly or indirectly connected with business dealings between them,” according to Rowland v. Christian.
Trespassers are owed the lowest duty and invitees the highest. Miller & Steele can help you determine which group you fall into and whether the property owner failed to take adequate care given your visitor status.
Call The Oceanside Slip and Fall Attorney At Miller & Steele Law Firm Today
Miller & Steele Law Firm has a long track record of representing fall victims and we can put our knowledge to work for you. Call or contact our Oceanside slip and fall attorney at (760)-439-2210 today to learn more about the representation we can offer.