A trip, slip, or fall injury can happen anywhere – in a retail store, in a stadium, on a public right-of-way, or at your neighbor’s house. Slip and fall cases are also known as “premises liability” lawsuits. Pursuant to California state law, property occupants and owners have a duty to maintain the property in a safe condition, exercising reasonable care to identify and fix potential hazards or warn people about unsafe conditions that may exist on the premises. If repairs are not made and there are no warnings that are obvious, you may be able to hold the property owner or lessor responsible for your damages.

In order to establish a premises liability claim in California, a plaintiff needs to be able to prove that:

• The defendant controlled, occupied, leased, or owned a property
• The defendant negligently maintained or used the property
• The plaintiff was harmed
• The harm is compensable 

Your Own Negligence May Diminish Your Compensation 

California is a comparative negligence state. This means the state recognizes that numerous parties may contribute to accidents. If you’re deemed to be partially at fault for your accident, you will be assessed a percentage of fault for the accident.  A plaintiff’s compensation is reduced by the percentage of fault they are assigned. So, if you were injured in a slip and fall and you were found to be 20 percent at fault for your accident, your slip and fall settlement would be reduced by 20 percent.

Examples of comparative negligence in slip and fall cases include:

• Slipping or falling on debris-strewn steps in a store while failing to use available handrails
• Tripping on uneven carpeting in a hotel lobby while on your mobile device
• Falling at night into a water hazard on a golf course while ignoring signs about the dangers of walking the course at night

Contact the Law Offices of Earl E. Conaway, III

It’s always important to be aware of your own personal safety. According to the Centers for Disease Control (CDC), falls are the leading cause of injury for people over age 65, affecting 14 million people, which is 1 out of 4 adults. CDC statistics show that in 2020, approximately 27% of adults over age 65 living in California experienced a slip, trip, or fall.  Sometimes accidents and falls just happen, but sometimes the negligence of another party is fully or partially the cause of injury related to a slip, trip, or fall. 

An experienced San Luis Obispo personal injury attorney at the Law Offices of Earl E. Conaway, III can review your case and let you know if negligence by another party might be the cause of your injury. We have the expertise and knowledge to make sure that you get the representation and financial recovery you deserve. But be sure to act quickly. California’s statute of limitations expires two years after the accident or injury occurred. Contact us today.