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Sacramento: 916-379-3500

San Jose: 408-275-1300

Carmel by the Sea: 831-293-6003

Orange County: 949-517-0425

Se Habla Español | Chúng Tôi Nói Tiếng Việt | Falo Português

Dreyer | Babich | Buccola | Wood | Campora, LLP Trusted And Experienced

Sacramento: 916-379-3500

San Jose: 408-275-1300

Carmel by the Sea: 831-293-6003

Orange County: 949-517-0425

Se Habla Español | Chúng Tôi Nói Tiếng Việt | Falo Português

What plaintiffs must prove in California slip-and-fall cases

On Behalf of | Dec 6, 2021 | Premises Liability |

California property owners have certain responsibilities when it comes to maintaining their spaces and making sure they are safe for use. When property owners neglect to do this and someone suffers a serious slip-and-fall injury because of it, the injured party may be able to launch a premises liability case.

According to the California State Legislature, parties injured in slip-and-fall incidents have to prove that certain things are true if they wish to secure damages from a property owner. More specifically, parties injured in falls have to prove the following.

That there was a defective condition or hazard

Injured parties have to prove a defective condition existed on a particular property and that the condition is what caused them to fall. Possible examples of defective conditions might include potholes, obstructions on stairs or broken staircase handrails, among other possible examples.

That the property owner was aware of the hazard

A home or business owner has to know about a hazardous condition to fix it. So, plaintiffs need to show how the property owner knew about or should have known about, the condition that caused the fall injury.

That the property owner was negligent

The strength of a premises liability case also depends on the plaintiff’s ability to prove that the property’s owner’s failure to fix the defect or hazard is what caused him or her to fall and suffer injuries.

Every California property owner has a duty to exercise “ordinary care” when it comes to his or her home or business. Those who fail to do so may face sanctions.