Proving Fault in Slip and Fall Accident Cases (Part 1)

Establishing that a property owner was aware of the dangerous conditions at a property is one element to proving fault in slip and fall accident cases.

While slip and fall accidents can be embarrassing, in the worst cases, they are incredibly devastating, causing some people to suffer severe injuries that could result in lasting physical (and possibly psychological) damage. When these accidents have been caused by the negligence or carelessness of a property owner:

  • Injured people will generally be entitled to compensation for their medical bills, lost wages, irreversible impairments, mental anguish and other losses.
  • These people will have the best chances of obtaining the full amount of compensation they deserve by working with an experienced attorney.

Here and in an upcoming second part of this blog, we will highlight some of the important factors that need to be established in order to prove fault and obtain compensation in slip and fall accident cases. If you have questions not answered in this two-part blog or would like some specific info about your rights and case, don’t hesitate to contact the Encino premises liability lawyers at Binder and Associates.

Establishing Negligence: Four Factors

In general, the following four elements need to be established when trying to formally prove that a property owner or manager was at fault for causing a slip and fall accident:

  1. There were dangerous or hazardous conditions at a property – This can include wet flooring, uneven flooring, lack of signs warning people about the potential to slip/fall, sudden drop-offs in flooring, etc.
  2. The hazardous conditions were the cause of the slip and fall accident.
  3. The person or party responsible for keeping the property safe was aware of the hazardous conditions at the property. Alternatively, this factor can also involve establishing that the responsible party should have known about the conditions (because any “reasonable” person in a similar situation would have been aware of the hazardous conditions).
  4. The responsible party did nothing to fix the hazardous conditions or warn people about them.

In these cases, it’s also important to prove that the person injured in the slip and fall accident had a legal right to be on the property (i.e., wasn’t trespassing) and that the injured person was using the property as intended (i.e., wasn’t behaving recklessly when the accident happened).

Stay posted for the upcoming second part of this blog for some more important information associated with proving fault in slip and fall accident cases.

Encino Premises Liability Lawyers at Binder and Associates

If you have been injured in a slip and fall accident that may have been caused by the negligence of a property owner or manager, you need an attorney who understands personal injury law and knows what steps to take on your behalf.

At Binder and Associates, our Encino premises liability attorneys have been committed to aggressively defending victims’ rights and helping people like you in the Encino, California area since 1973. Our thorough knowledge of the law and our fierce litigating skills allow us to consistently help accident victims secure the maximum possible compensation for their injuries and losses.

Contact Us – We Are Ready to Fight for Your Rights

To arrange for your free initial consultation during which you will receive trusted advice from an experienced legal professional, please contact our office by calling us at (818) 740-7667


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