How To Prove A California Slip and Fall Claim

 

How To Prove A California Slip and Fall Claim

 

In California, a claim of Slip and Fall is defined as:

A slip and fall claim occurs when a property owner fails to keep his or her property safe for lawful visitors, resulting in injury to a visitor. (May also be referred to as Premises Liability)

It simply means:

An injury claim arising from an injury on someone’s property.

There are 5 elements of the claim:

  • Element 1. The defendant owned, leased, occupied, or controlled property. In a slip and fall case, it’s important to show that the person being sued either owned, rented, lived in, or had control over the property where the accident happened, as this establishes their responsibility for maintaining a safe environment.

    Facts that might support this element look like:

    * The defendant was the registered owner of the property where the incident occurred, as evidenced by public property records.
    * The defendant had a lease agreement for the premises, which included maintenance responsibilities for the common areas.
    * The defendant operated a business on the property, indicating control over the premises and its conditions.
    * The defendant employed staff who regularly maintained and inspected the property, demonstrating active occupancy and control.
    * The defendant’s signage and branding were prominently displayed on the property, further establishing their ownership and control.

  • Element 2. As the property owner or occupier, the defendant owed a duty of care to the plaintiff. In a slip and fall case, the property owner or person in charge is responsible for keeping the area safe, meaning they must take reasonable steps to prevent accidents and injuries to anyone visiting their property.

    Facts that might support this element look like:

    * The defendant owned the property where the incident occurred, establishing a legal duty of care to all visitors.
    * The defendant had a history of maintaining the premises, indicating an awareness of their responsibility to ensure safety.
    * The defendant was present on the property at the time of the incident, further emphasizing their duty to monitor conditions.
    * The defendant had previously received complaints about hazardous conditions on the property, demonstrating knowledge of potential risks.
    * The defendant had a legal obligation to adhere to local safety codes and regulations applicable to the property.

  • Element 3. The defendant was negligent in the use or maintenance of the property and thus breached their standard of care. The defendant failed to take proper care of their property, like not fixing a dangerous spill or broken step, which means they didn’t meet the expected safety standards, making them responsible for any injuries someone might suffer from slipping and falling there.

    Facts that might support this element look like:

    * The defendant failed to repair a known leak in the ceiling, which caused water to accumulate on the floor and create a slippery surface.
    * The defendant did not place warning signs around a recently mopped area, leaving guests unaware of the potential hazard.
    * The defendant neglected to conduct regular inspections of the property, allowing hazardous conditions to persist without correction.
    * The defendant received multiple complaints about uneven flooring but took no action to address the issue, leading to a dangerous environment.
    * The defendant’s staff was not trained in proper maintenance procedures, resulting in inadequate responses to safety hazards on the property.

  • Element 4. The plaintiff was harmed. In a slip and fall case, the plaintiff must show that they were injured in some way, like a broken bone or a sprained ankle, as a direct result of the fall, proving that the accident caused them real harm.

    Facts that might support this element look like:

    * The plaintiff slipped on a wet floor in the store, resulting in a fall that caused immediate pain and injury.
    * Medical records indicate that the plaintiff sustained a sprained ankle and bruising from the fall, requiring treatment.
    * The plaintiff missed two weeks of work due to the injuries sustained in the slip and fall incident.
    * Witnesses observed the plaintiff struggling to get up after the fall, indicating the severity of the incident.
    * The plaintiff incurred significant medical expenses related to the treatment of injuries from the slip and fall.

  • Element 5. The defendant’s negligence was a substantial factor in causing the plaintiff’s harm. In a slip and fall case, this means that the defendant’s careless actions, like not cleaning up a spill, played a major role in causing the injuries the plaintiff suffered when they fell.

    Facts that might support this element look like:

    * The defendant failed to promptly clean up a spill in the aisle, which created a hazardous condition for customers.
    * Witnesses observed the defendant’s employees ignoring the wet floor sign that had been knocked over, indicating negligence in maintaining safety.
    * The defendant had received prior complaints about slippery floors but did not take any corrective action to address the issue.
    * Surveillance footage shows the plaintiff slipping on the wet floor just moments after the defendant’s staff walked by without addressing the hazard.
    * The defendant’s maintenance logs reveal that routine inspections were not conducted, contributing to the unsafe conditions that led to the plaintiff’s fall.

(See California Civil Jury Instructions (CACI), No. 1000, 1011. Rowland v. Christian (1968) 69 Cal.2d 108. Brown v. Poway Unified School Dist., 843 P. 2d 624 – Cal: Supreme Court 1993. Rosencrans v. Dover Images, Ltd., 192 Cal. App. 4th 1072 – Cal: Court of Appeal, 4th Appellate Dist., 2nd Div. 2011.)
If you’re in court without a lawyer and plan to assert a Claim of Slip and Fall, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your Slip and Fall claim effectively.

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