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What do you have to prove in a California slip-and-fall case?

On Behalf of | Oct 13, 2021 | Slip & Falls |

When someone else’s negligence caused you to fall and suffer an injury in California, you may look to that party to cover your medical and other expenses relating to the event. For example, if a wet floor, pothole or something similar made you fall, you may want to hold the property owner accountable. There are certain things you need to show to have a successful slip-and-fall case. Also, it is up to you, the plaintiff, to produce a preponderance of evidence showing that a particular party was at fault.

Per the California State Legislature, property owners have a duty to exercise care when it comes to their spaces. If you wish to prove that the property owner failed in upholding this duty, be ready to demonstrate the following.

That the property owner was aware of the condition

To fix a property hazard, a property owner needs to know it exists. So, you need to offer some sort of proof or evidence that the owner of the property where you had your slip-and-fall accident was aware, or should have been aware, that a dangerous condition existed.

That the property owner was negligent

You also need to show how the property owner either failed to rectify the problematic situation on his or her property or failed to properly warn others about it.

That the condition caused your injury

Furthermore, you need to show that the defective condition the property owner knew about and failed to fix is what was responsible for causing your fall-related injury.

The success of your premises liability cases depends largely on your ability to prove that the above circumstances existed.