If you have fallen on someone else’s property, whether the fall occurred at a public library or at a retail store, you may be entitled to file what is known as a premise liability lawsuit if the slip and fall accident was caused by someone else’s negligence. It is important to understand what negligence means so that you are clear on what will serve as the basis for you filing your lawsuit.
According to the Cornell Law School, negligence is defined as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act.” Essentially, if a worker is responsible for cleaning up any spills but fails to monitor the premises and misses one, if someone slips on it, that facility risks being held accountable. Now, in order to file this type of lawsuit, you need to consult with an accident attorney who can help you determine what caused the accident and how much your injuries are worth as this will then determine which court your lawsuit will be filed in.
You do need to keep in mind that injury claims arising from slip and fall accidents do need to be filed within two years from the date of the accident otherwise you lose your opportunity to take legal action [Source: California Code of Civil Procedure section 335.1]. Something else you need to consider is when you choose to file suit against a person or company, you can expect that the other party is going to throw some, if not all, of the blame back on you. This is yet another reason why you will need a Santa Rosa, CA accident attorney representing you as they can help you refute these claims.
If you are the victim of a slip and fall accident that occurred in Santa Rosa, CA and would like to be connected with a local CA accident lawyer, contact the Law Office of Erin Aaland now by calling 707-588-9373.
Examples of Slip and Fall Cases
To help you better understand when and why someone would choose to file a premise liability lawsuit against a person, company, or government entity, below are a few examples of some cases where individuals like you slipped and fell on someone else’s property and sustained injuries as a result.
- A woman filed suit against an assisted living facility located in Texas after slipping on a “worn area” of the floor while visiting her mother. The woman claimed the injuries she sustained required her to seek medical treatment for several months and after a year passed from the date the incident occurred, she decided it was time to recover compensation for the damages she endured [Source: SE Texas Record].
- A retired FDNY firefighter in NY filed suit against one of the largest department store chain’s in the U.S., Macy’s, after he slipped on some garbage while responding to a fire. The man says he sustained serious injuries as a result of the “accumulation of rubbish and/or waste” on the store floor. Although his medical bills were covered as most on the job injuries are covered by workers’ compensation benefits, he proceeded to file suit on behalf of him and his wife, claiming that Macys’ negligence “deprived her of the services, society, companionship, and affection of her spouse”[Source: Firehouse.com].
- A customer shopping in a Walmart located in Missouri filed suit against the retailer after slipping and falling on standing water. The male claimed the store “failed to maintain its premises in a reasonably safe condition” which led to him suffering injuries to his ankle, back, and head. The Madison Record stated that the man demanded $50,000 plus additional costs for the injuries he sustained and asked to have his case taken before a jury trial.
Now, although these are all real cases involving individuals who have slipped on someone else’s premises, it doesn’t mean they will win their case just because they chose to file suit. In order to win a premise liability case, you will need a significant amount of proof indicating the store or even a worker was negligent and that their negligence led to you slipping and falling.
If you are interested in learning more about premise liability law or how to file your own lawsuit in Sonoma County, CA visit or call the Law Office of Erin Aaland today at:
1400 N. Dutton Avenue, Suite #21
Santa Rosa, CA 95401