Many factors go into legal cases, including slip-and-fall and other premises liability lawsuits. However, one of the biggest differences is where the accident occurs, which can affect a case’s outcome in several ways. To ensure that your case succeeds, work with an experienced and distinguished slip and fall lawyer.
Reach out to Davana Law Firm, one of the top personal injury law offices in Los Angeles, CA, with hundreds of successful cases behind us. Our legal team covers a variety of case types, including slip-and-fall injuries, automobile accidents, brain injuries, and more. We dedicate ourselves to your case and don’t charge a dime until we win it for you.
Here, we outline what you should know about slip-and-fall cases as well as how location affects them:
What is a Slip-and-Fall Case?
A slip-and-fall case is a specific kind of premises liability lawsuit in which a plaintiff claims that they were injured due to a trip or fall on the defendant’s property. These claims assert that, since the plaintiff’s injury occurred on the defendant’s property, the property owner should be held legally responsible.
Of course, differences come with each case due to a variety of factors, including the type of property on which the incident occurred. Below, we detail how slip-and-fall cases differ on residential, commercial, and government property:
Property-Related Case Differences
On Residential Property
For cases that occur on residential properties, a tenant usually makes a claim against their landlord that holds them liable for the slip-and-fall injury. Several conditions must be established to make such a claim:
- The landlord must be proven to have had some control over the conditions which had caused the slip-and-fall accident to occur.
- Fixing the condition that led to the injury would have been easy and inexpensive to fix before the incident.
- It was clear that a severe injury was likely since the condition was addressed or fixed.
- The landlord is proven to have failed to perform the proper actions toward avoiding an accident on behalf of their tenant(s).
Thus the essential difference in slip-and-fall cases on a residential property is the relationship between the plaintiff and defendant–usually as a landlord and tenant, but with exceptions–as well as the location it occurred.
On Commercial Property
For slip-and-falls that occur on commercial properties, the victim is often a customer and the defendant the owner or employee of a business, such as a store or restaurant. To be held liable, the defendant must be proven to have:
- Caused the spill/damage/dangerous condition that led to the victim’s injury.
- Known about the potential danger of the surface but did nothing to avoid it.
- Known about the possibility of the floor’s dangerous condition as any “reasonable” person would have known and promptly taken care of the issue.
Any of those three conditions prove the defendant’s liability within the context of a commercial property. The common of the three is the third one, as it is broadly affecting and indicates that liability is based on common sense rather than direct evidence.
Furthermore, slip-and-fall cases occurring on commercial properties are also different in that they are far more likely to involve more than one person or entity.
On Government Property
Finally, when slip-and-falls occur on government property–whether on state, local, or federal land–there are often special provisions that shield them and their employees from liability for your injuries. Furthermore, there are also higher standards of safety, ensuring that slip-and-falls hardly occur on government property.
Davana Law Firm: Experienced Slip & Fall Lawyer in Los Angeles, CA
The place where a slip-and-fall incident occurs is among the key aspects that must be remembered to build the strongest case and approach to ensure a high chance of success. Furthermore, one should also seek the help of a qualified slip-and-fall lawyer, such as one from Davana Law Firm of Los Angeles, CA. Our legal team is made up of experts in personal injury cases, including areas such as brain injury, premises liability, automobile accidents, and more.
Let us help you get the compensation you or your loved one deserves. Contact us at (818) 501-1055 to learn more about our firm and begin building your slip-and-fall case today.