If you have been injured while on a public premises, it is likely that you have suffered in many ways as a result. Any injury that requires medical care can become financially costly very quickly. In fact, the Centers for Disease Control and Prevention report that the average cost of a fall is around $30,000.
However, many people who suffer as a result of a business owner's negligence fail to recoup these financial damages, as well as damages for the emotional suffering and physical pain. Sometimes, this is because a business owner tries to convince the victim that making a legal claim would be unsuccessful. It is important that you do not automatically trust the advice of someone guarding one's own interests, and that you take time to understand how the law works in California.
What do I need to prove in order to make a premises liability claim?
There are several things that you need to prove in order to successfully gain damages due to a slip-and-fall injury in California. First, you need to be able to give proof that actual damages were suffered as a result of your injury on a premises. This can be proven through photos, through statements from your doctor or through medical bills.
Additionally, you must be able to successfully argue that the damages you suffered occurred as a result of negligence on the premises. In other words, you must be able to show how the premises owner or management failed in their duty to keep you safe from harm. For example, you could cite the presence of a wet floor and broken glass that had not been cleaned up and that led to your injury.
Finally, you need to make a convincing case to argue that if it were not for the negligent behavior of the business owner or management in question, your injury would never have occurred. You must show that no other factor contributed to your fall.
It is important that you stand up for your right to be safe on public property, and that you hold the applicable parties legally liable for their actions.