If the owner or the manager of a property has failed to take reasonable measures to keep the premises free of any dangers and hazards then they can be sued based on the premise liability law if an accident occurs. In the event you are injured as a result of a slip and fall due to negligence of another, there are very important steps to follow when filing your lawsuit for your injuries. Most importantly, it is essential to get in touch with an injury lawyer who will guide you through the legal procedures when submitting your claim.
Statute of Limitations for a Premise Liability Claims
In the state of California, if the accident occurred on private property, you have 2 years from the day of the accident to file for your personal injury lawsuit. If the victim in such an accident is under 18 years of age or if is outside the state for an indefinite period, the statute of limitation provides additional time to take an action.
If you fell while you were on government property, you will file for a claim against the government entity in such case and you have to submit a ‘notice of claim’ within 6 months of the day of the accident.
Steps to Take to file your Slip and Fall Claim
You can take the following steps to ensure that you receive a favorable outcome for your case.
- Immediately report the fall to the property owner or manager.
- If the accident occurred at any commercial premises, fill the official accident report and retain a copy of the same.
- Talk to eyewitnesses and take their contact information.
- Collect photographic evidence and videos of the site where the accident took place.
- Your health is also important, so ensure that you receive proper treatment for all your injuries.
- Follow through your medical treatment and keep copies all your bills and out-of-pocket expenses.
- Do not speak to the insurance company without seeking legal advice as any statements made to the insurance adjuster can be used against you in the court of law.
- Hire a good personal injury lawyer to represent you.
How can you receive compensation?
In order to receive compensation for your financial and non-financial costs incurred after your fall, you will need to prove the following elements.
- The defendant owned, or managed, or leased, or occupied the property
- The defendant had a duty of safety to keep the premises free from any dangerous conditions for the patrons, guests and visitors.
- Dangerous conditions or hazards existed on the property and the defendant had reasonable information about it.
- The plaintiff slipped and fell as a result of the hazards and the suffered injuries as a direct result of the fall.
- The defendant’s negligence contributed to the plaintiff’s injuries.
How can a good personal injury lawyer assist you?
If you were involved in a fall accident owing to someone else’s negligence, it can be a stressful experience. It is suggested to hire a good personal injury lawyer who can help you build a strong case against the defendant so that you receive fair compensation for your injuries, medical expenses, salary loss, pain and suffering.
Comments are closed.