Slip and fall claims are covered under what is known as “premises liability.” This refers to the legal responsibility that the owner and/or occupant of a premises has towards people who attend that property. Contrary to popular belief, responsibility does not automatically become imposed upon the owner and/or occupant. Rather, it must be proven that the slip and fall accident was caused by an owner and/or occupant who created or allowed for a defective or dangerous condition to exist.
Each injury on another’s property is fact and circumstance-based, and defenses such as the lack of notice of the dangerous condition that caused the injury on the property and the injured party’s own negligent conduct are often raised. It is critical to understand that just because a person gets injured on the property of another, it does not mean that the property owner or occupant is automatically responsible for those injuries.
The law applicable to a premises liability claim in California is complex and requires professional assistance to evaluate the claim and to succeed against the property owner, occupant, and/or their insurance carrier.
If you have suffered a serious injury in a slip and fall or trip and fall accident, contact the attorneys at Shah Sheth LLP for a free case evaluation.
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