Slip-and-fall accidents can lead to very serious injuries. Thankfully, it is sometimes possible to hold those parties responsible who create or allow for hazardous conditions on the premises.
In order to file a successful claim, it is important that parties are aware of the entire process. There are a few key elements of a slip-and-fall accident claim.
Being able to distinguish who is at fault for an accident is essential to any accident case. Though dangerous conditions are present, that does not mean that the landowner is responsible for an accident automatically. In fact, if the property owner has proper signage in visible sight and other safety measures in place, the courts may find them innocent. Also, if the defense can show negligent behavior on the side of the claimant, the courts may find him or her partially at fault, which may decrease the award amount, if the plaintiff receives anything at all.
As with any personal injury claim, the claimant must prove negligence on behalf of the property. To do so, the claimant must be able to show that the property owner or manager was aware of the hazardous material or area, yet did not implement necessary safety measures or repairs, which eventually led to the accident. The right evidence is essential to proving this claim, and a knowledgeable attorney may be beneficial in gathering and presenting such information.
Claim or settlement
Once claimants have the right evidence, they have options. They may choose to file a claim and allow the court to decide the outcome, or they may negotiate a settlement with the other party directly. Though claimants should take their time to make sure that they select the best option for them, it is important to keep in mind that California's statute of limitations only allows them two years to file an initial claim.
These are a few of the main elements to be aware of. For those considering filing a claim, it is important to review the law and filing process to determine the best route.