Serious trip and fall injuries often begin with an uneven surface or obstruction that the property owner failed to address. If unsafe property caused your fall, call Hanson & Mouri at (951) 688-0006 or contact us online for a free consultation with our Perris trip and fall lawyer.
An owner, tenant, property manager, maintenance company, or contractor can be liable for a trip and fall, depending on who created the condition and oversaw the area. California Civil Code section 1714 holds people responsible for injuries caused by a “want of ordinary care” in managing property.
This law requires property owners or managers to take reasonable precautions, which can include inspecting walking areas, correcting hazards, and warning visitors when an immediate repair is not possible.
A successful claim must establish the following:
Prior complaints, inspection logs, work orders, and photographs of the hazard and scene can help prove it existed long enough for the responsible party to correct it.
Property insurers may blame you for failing to step around the defect which can end up reducing your compensation. In Li v. Yellow Cab Co., the California Supreme Court adopted a system that assigns “liability in proportion to fault,” also referred to as pure comparative negligence.
If you share any fault, you can still recover compensation but your fault percentage reduces it by the same amount. For instance, someone awarded $100,000 and assigned 20 percent of the blame can recover $80,000. If you and the at-fault party’s insurer cannot agree on fault during settlement negotiations, you can take the claim to trial for a jury to decide how responsibility should be divided.
A trip and fall injury may lead to dealing with multiple parties and their insurance companies. An accident at a store, apartment complex, or commercial property may involve a landlord, tenant, property manager, and maintenance contractor. Their leases and service agreements can divide responsibility for inspections, repairs, and warnings.
A Perris trip and fall lawyer can handle tracing those relationships, notifying the appropriate insurers, and pursuing each party whose conduct contributed to the hazard. Identifying each party’s responsibilities can keep disagreements between the businesses from delaying your claim. If a party withholds its contracts or insurance information, your attorney can file a lawsuit and require it to provide those records through the court process.
Find out how California law applies to your Perris trip and fall. Send us a message or call Hanson & Mouri at (951) 688-0006 for a free consultation.