Slip and falls are some of the most common accident claims in Richmond and throughout California. Many people think that the injuries that result from these accidents are not serious, but that is not true. A person can suffer many injuries from these accidents, including traumatic brain injuries and broken bones. When that is the case, accident victims can file a claim against the negligent property owner to recover the damages, or losses, they sustained as a result of the accident. There are many elements of these claims that injured individuals must prove, and each of these is listed below. None of these elements is easy to establish, but a Richmond slip and fall lawyer can help.
Duty of CareFirst, injured individuals must prove that the property owner owed them a duty of care. All property owners owe a duty of care to visitors that enter their property. The level of duty that exists depends on the type of visitor that is on the property. For example, business owners have the highest level of duty of care to ensure their customers are safe. Trespassers, on the other hand, are not owed any duty of care.
A Hazardous Condition ExistedYou know that there was a dangerous condition on the property that caused your accident but unfortunately, neither the insurance company or the court will take your word for it. You must present evidence that proves the dangerous condition was present. A slip and fall attorney in Richmond can help ensure you have all the necessary evidence to support your claim.
The Property Owner Knew, or Should Have Known, About the HazardProperty owners are expected to inspect their property regularly and repair any hazards that exist. However, this element of proof is still difficult to establish because it is difficult to prove that a property owner should have known about a dangerous condition. For example, if a spill just occurred in a restaurant and a guest slipped and fell on it, it is reasonable to assume that the property owner did not have enough time to fix the hazard. If the spill had been present for a long period of time, the restaurant owner should have known about it, strengthening the accident victim’s claim.
You Suffered Damages as a ResultPersonal injury claims are intended to compensate accident victims for their losses. If you have not suffered actual damages as a result of the accident, you do not have a viable claim. To prove you were injured you can use evidence such as medical records and expert testimony.
A Richmond Slip and Fall Lawyer can Help With Your ClaimSlip and fall accidents are very common and if you have been injured in one, you deserve compensation for your losses. Unfortunately, these claims are not easy to prove. At the Brod Law Firm, a slip and fall attorney in Richmond can help. We know how to prove these claims so you secure the full amount of compensation you deserve. Call us today at (800) 427-7020 or contact us online to schedule a free consultation so we can review your case.