Proving Negligence in a California Slip and Fall Case

 Posted on January 10, 2024 in Premises Liability

Without warning, you could slip and fall and suffer serious injuries that may require immediate medical attention. Medical expenses in this scenario are rarely affordable and could be as life-changing as the injuries themselves. After suffering such a terrifying ordeal, it is important to know what to do to prove negligence and who you can turn to for answers. If you believe that your slip and fall injuries are due to someone else’s negligence, you should immediately consult a personal injury attorney.

Proof Falls On The Plaintiff

In California, the plaintiff must prove that their injuries were caused by another’s negligence to receive compensation for damages. Uncovering evidence that you can use in court will require a thorough investigation and as much evidence as possible.

California is a pure comparative fault state which means the court (judge or jury) will decide the percentage of negligence on the part of both parties. Being partially at fault for your injuries will reduce awarded damage amounts. So long as you can prove that someone else is at least one percent negligent for your injuries, then you may still be able to recover some damages.

The following is required, in order, to prove a defendant’s negligence in the case:

• The defendant owed a duty of care to the plaintiff

• The defendant breached that duty of care through negligence

• The breached duty was the cause of the plaintiff’s injuries

• The plaintiff suffered damages due to the injuries (medical bills, lost wages, etc.)

Evidence That Can Prove Fault

There are many types of evidence that a plaintiff can use to prove negligence on the part of the defendant. Some of these types of evidence include:

• Visual evidence (photo, video)

• Eyewitness statements

• Medical records

• Accident report

• Documentation of damages and expenses

Your lawyer may look for specific elements that could prove the defendant was negligent in their duty of care toward you, the plaintiff. These elements may include:

• The defendant was aware of the conditions that led to your slip and fall accident

• The defendant’s reluctance or failure to correct the issue and prevent a slip and fall from occurring due to the known conditions

• If the defendant intended to correct the issue but has a reasonable explanation for the delay

• Whether or not you contributed to the slip and fall accident in any way

Contact a Los Angeles County, CA Personal Injury Attorney

Proof of negligence is required in almost all personal injury cases involving slips and falls. Insurance companies will often look to avoid paying for slip and fall claims, instead attributing them to false or fraudulent claims by a plaintiff looking to make a quick buck.

Avoid the hassle and reach out to an experienced Glendale, CA slip and fall lawyer to act as your legal representation and counsel. The Tahmazian Law Firm, P.C. will look into your claims and attempt to uncover the evidence needed to get you the compensation you deserve. Contact the firm at 818-242-8201 for a free consultation where we can discuss your legal needs.