When you fall in California and suffer a serious injury as a result, you may be able to seek damages against the property owner whose negligence caused your accident. To be successful in your premises liability case, there are certain things you have to prove.
To win your slip-and-fall case, you need to show that your version of events is more likely and factual than that given by the defendant. Furthermore, you need to show that the following took place.
That the property owner knew about the hazard
You need to show the court that the property owner either knew about or should have known about the condition that caused you to fall.
That the property owner was negligent
Then, you need to show that the property owner failed to exercise care and repair the hazard that caused or contributed to your fall. You also need to show that the property owner failed to provide adequate notice about the hazardous condition.
That the hazard caused your injury
Finally, you need to prove that the hazardous condition that the property owner either knew about or should have known about – and failed to correct – is what caused you to fall and hurt yourself.
A property owner has to uphold a “duty of care” when it comes to the management of his or her space. That means taking reasonable steps to keep it safe for use. A judge or jury might consider the location of the property where you fell and the owner’s degree of control over the condition before making a decision about your case.