Orange County Slip and Fall Lawyer

When dealing with slip and fall cases, there are two main liability questions:

• Who are the potentially liable entities or parties?
• Were these parties really negligent in that, did they reasonably know about the hazardous conditions but failed to prevent the accident?

o deem the other party liable for the injuries suffered in a slip and fall accident, you must prove the following: The property owner (or the business owner, property agent, or employee) should have reasonably recognized the hazardous condition (such as a slippery surface or an uneven walking surface) but failed to repair or remove the hazard. The main idea here is whether a reasonable person would have recognized the hazardous condition and whether the defendant had ample time to remedy the condition before an accident occurred. The property owner (or agent) caused the hazardous condition in the first place, leading to a slip and fall accident. This might be the case such as if they left a dangerous obstacle in a walking path, and a reasonable person would have foreseen that someone might trip and fall because of the obstacle.

How is Liability Determined in an Orange County Slip And Fall Case?

Before filing your lawsuit or claim for your slip and fall incident, prepare yourself for backlash from the property owner, who will most likely argue that you share some form of responsibility for the accident. Countering this argument effectively is important because if it ends up successful, you might end up reducing the value of your settlement significantly, and consequently lose a huge chunk of your would-be compensation award. During the process of filing your claim, you may be asked questions like:

• Did you have good reason to be at the premises during the time of the accident?
• Did the business/property owner warn you of the dangerous condition that caused your slip and fall?
• Would a person of reasonable caution have noticed and avoided the dangerous condition (if they weren’t distracted)?
• Were you engaging in any activities that might have contributed to your slip and fall?

Keep in mind that in California, if a slip and fall accident case makes it to trial, the “pure negligence rule” will apply, and it will determine how much compensation you can receive. Under this rule, the compensation you receive will be reduced based on your percentage of fault. If for instance, the jury finds you’re 30% at fault for the accident, and that your total damages amount to $100,000, the property owner will only be on the hook for $70,000 to account for your fault. Even if the case doesn’t make it to court, the State’s comparative negligence rule will still be a factor. This means that during the negotiations, the property owner insurer and their attorney will have these rules in mind. After all, they are concerned with what could happen if your case ends up in court. The settlement offers they give you will most likely account for your role in causing the accident, based on this negligence rule. It’s therefore important to get help from an experienced lawyer to build a strong case against the property owner.

How Much is My Slip and Fall Case Worth?

One of the key concerns in your mind right now is perhaps how much the slip and fall accident claim you want to file might be worth. The right answer is: it depends. Every case is different, and where you file the claim is different. However, there are a few considerations that can help you get a good feel of how much your claim might be worth.