Four Elements Of Negligence In A Monterey Slip And Fall Accident Claim
Slips and falls are one of the most common types of accidents. Personal injuries that occur as a result can impact your health, mobility, and financial security for years into the future. When a slip and fall injury in Monterey happens due to a property owner’s negligence, you have the right to hold them accountable. Our Monterey slip and fall lawyer explains the four elements of negligence in a premises liability claim.
Slips And Fall Due To Property Owner Negligence
A leading cause of death and disability, slip and fall injuries can happen to anyone and at any age. They are particularly common among older adults and, according to the California Department of Public Health (CDPH), impact close to 4,000 people over the age of 50 in Monterey County each year.
Slip and fall accidents frequently occur in stores, restaurants, hospitals, office buildings, and in other public places due to property owner negligence. Negligence is a legal term that means failing to take reasonable precautions to prevent personal injuries or acting in a reckless manner, causing others to suffer harm. Common examples of negligence in slip and fall accident claims include:
- Failure to clean up wet, slippery floors or post warning signs alerting visitors;
- Failure to maintain carpeting, tile, cement sidewalks, and other surface areas;
- Failure to rope off areas under construction;
- Failure to clear aisles or walkways and remove excess clutter;
- Failure to install proper lighting and handrails on stairs or at heights.
Proving Negligence In A Monterey Premises Liability Claim
Under California Civil Code Section 1714, everyone is responsible for their actions or inactions and can be held accountable for personal injuries suffered by others as a result. When slip and fall injuries in Monterey happen due to failure to properly maintain property or warn visitors of potential hazards, you have the right to hold the property owner accountable in a premises liability claim.
There are four aspects of negligence you will need to prove your case and get the compensation you need to recover. These are:
- Duty of care: The property owner had a legal duty to maintain the property and to warn visitors of potential risks.
- Breach of duty: The property owner (or manager) failed in this duty.
- Causation: The breach of duty was a direct cause of personal injuries suffered by the victim.
- Damages: The victim suffered actual harm and real damages, such as medical costs, lost wages, and other expenses.
Evidence used to prove the four elements of negligence include photos of the scene, the testimony of witnesses, medical records, and statements from yourself, medical providers, your employer, and others involved.
Our Monterey Slip and Fall Lawyers Are Here To Help
Get the professional legal help you need in filing a premises liability claim at the Allen Law Firm. Our Monterey slip and fall lawyer can review your case, advise you on the options available, and gather the evidence needed. To request a consultation, call or contact us online today.
Sources:
epicenter.cdph.ca.gov/ReportMenus/CallReportingServicesInjuryDataByTopic.ashx?reportID=27&reportDataID=3&CountyList=27&dd1=10&OutputFormat=1&minYear=2015&maxYear=2015&minAge=0&maxAge=255
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1714.&lawCode=CIV
