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Experiencing a slip and fall on someone else’s property can be both overwhelming and physically painful. If you were injured on the floor of a business or a friend’s uneven sidewalk in Fresno, you may be left with medical bills and lost wages. Many people wonder if they have a legal path to compensation, especially when the accident happened on private property.
Proving negligence in a slip and fall accident case is a complex process that relies on solid evidence and a clear understanding of legal duties. Our firm, founded in 1992 by three dedicated personal injury lawyers with strong ties to our Fresno community, is committed to providing helpful guidance to those who have been injured.
Understanding California’s Premises Liability Law
Slip and fall cases in California fall within the broader area of premises liability. Under this doctrine, property owners owe a duty of care to maintain their premises in a reasonably safe condition for lawful visitors.
This duty is outlined in California Civil Code Section 1714(a), which holds a property owner liable for an injury caused by their “want of ordinary care or skill in the management of his or her property.”
California’s premises liability law dictates that a property owner, whether it’s a business or a private homeowner, is responsible for:
- Taking proactive measures to address known dangers.
- Making reasonable inspections to discover any unsafe conditions
- Repairing, replacing, or providing adequate warning of any hazards that could be reasonably expected to harm others
The level of a property owner’s duty can depend on why you were on the property, but the core duty of care remains.
The Foundational Principles of a Negligence Case
To hold the property owner accountable in a slip and fall case on private property in Fresno, your legal claim must show four key elements of negligence. You must be able to prove that:
A Dangerous Condition Existed:
The property contained a foreseeable hazard. A dangerous condition can range from a wet, unmarked floor to a broken handrail or uneven pavement.
The Property Owner Knew or Should Have Known About the Condition:
Proving that a property owner knew or should have known about a hazard is often the most challenging element to prove. The evidence must prove the owner knew about the hazard or had enough time to discover it.
- Actual Knowledge: The property owner or an employee was directly aware of the dangerous condition. For example, a store employee was aware of a spill and did not place a warning sign to alert others
- Constructive Knowledge: The dangerous condition existed for a long enough time that a reasonable person in the property owner’s position should have discovered and fixed it. To prove constructive evidence, often includes producing evidence, such as security camera footage or witness testimony, about the duration of a hazard’s presence, which becomes crucial
The Property Owner Failed to Act:
The owner failed to take reasonable steps to mitigate the hazard, protect against it, or provide a clear warning. Failing to act could be a lack of warning signs, ignoring a known problem, or failing to perform regular inspections.
The Dangerous Condition Caused Your Injury:
The evidence must demonstrate a direct link between the hazard, your fall, and the resulting injuries. Your injuries would not have happened if the property owner had taken the appropriate action.
Gathering Evidence in a Slip and Fall Case
Proving fault requires a strong, evidence-based case. What you do immediately after an accident is vital. If you can, take these steps:
- Document the Accident Scene: Take photos and videos of the dangerous condition, the area surrounding it, and your injuries. Capture the lighting, any warning signs (or lack thereof), and the nature of the hazard
- Identify Witnesses: If anyone witnessed the incident, obtain their contact information. Their testimony can help to build a strong case against the property owner.
- Report the Incident: Ensure your accident is on record by telling the property manager and asking for a copy of the report
- Seek Medical Attention: See a doctor immediately. Seeking medical attention not only ensures you get the care you need, but it also creates a clear record that links your injuries to the accident
- Keep all Receipts and Documentation: Keep all medical bills, receipts for expenses, and documentation of any lost wages
The Challenge of Comparative Negligence
Even if you can prove the property owner’s negligence, the defense may argue that you were also partially at fault. California follows a pure comparative negligence rule, meaning that a court assigns a percentage of fault to each party, determining the degree of responsibility for the accident.
If you are found to be partially responsible for your fall, your total compensation will be reduced by that percentage. For example, if your damages are valued at $50,000, but the jury finds you were 20% at fault, you would only receive $40,000.
An attorney can help you defend against claims of shared fault and argue for your full and fair compensation.
Our Approach to Personal Injury Law in Central California
If you’ve been injured in a slip and fall accident on private property, we can help you understand your legal options. Tomassian Pimentel & Shapazian has over 75 years of combined experience assisting injured clients throughout Central California, including Madera, Tulare, and Hanford counties. We provide every case with our complete personal attention, working to resolve your legal issues through clear communication and helpful guidance.
Our firm offers outstanding and affordable legal services to clients in the greater Fresno area and throughout Central California. We have stayed ahead of legal trends in an era of rapid, unprecedented legal changes.
Contact us today at 559-545-0383 for a free initial consultation. We will be happy to discuss your case and assist you in taking the next steps.
