Slip and Fall Lawyer in San Bernardino: Your Rights After a Property Accident

In California, slip-and-fall liability is called premises liability. When you’re hurt on someone else’s property, you have important rights.

Our experienced San Bernardino slip and fall lawyers at LA Century Law explain.

California Premises Liability Law: What Property Owners Owe You

Legally, here’s what property owners owe you:

The duty

Property owners owe you a duty of care.

In California, everyone must exercise reasonable care. That means we all must do what is reasonable and necessary to avoid putting others in harm’s way. When it comes to motor vehicles, for example, that means following traffic laws.

The duty of reasonable care applies to property owners, too. Property owners must take reasonable steps in caring for their property. They must do what’s reasonable to keep people from getting hurt.

The standard

The duty of care explained.

If the California premises liability law – “reasonableness” – seems vague, you’re right. The law can’t possibly list every scenario or circumstance that could occur in advance. When an injury occurs, the question is whether the property owner took reasonable steps in advance to prevent the injury. The answer will vary from case to case.

How it applies

What factors apply.

When deciding whether the property owner was reasonable, several factors should be considered. The foreseeability of harm can be an important factor. In addition, the consequence of imposing a duty, like the cost and time involved, can matter when it comes to evaluating the defendant’s conduct.

Understanding Slip and Fall Property Owner Duties

Here are important things to know about your rights after a property accident in California:

Owners and occupants.

Slip-and-fall premises liability applies to property owners, renters, and occupants alike. Even someone who leases property or hosts a special event for a day may be subject to premises liability. The question is who controlled the property and who could prevent the danger.

Invitees, social guests, and trespassers?

Many states have slip-and-fall laws that vary depending on why the person was on the property. For example, someone who is a customer in a store gets more protection than someone who goes to a friend’s house. In these states, the distinguishing terms are invitee, social guest, and trespasser.

California’s premises liability law doesn’t have distinct categories of visitors. Instead, property owners have a duty to do what’s reasonable in the circumstances, whatever they are. The person’s reason for being on the property can still have some bearing on liability, but it’s not determinative.

Duty to warn?

Meeting the duty of care may mean that a property owner has a duty to warn visitors of known dangers, protect them from those dangers, or eliminate them.

Common Locations for Slip and Fall Accidents in San Bernardino

Slip-and-fall accidents can occur anywhere. Here are some common locations:

Stores. Grocery stores, convenience stores, and retail shopping.

Office buildings. Because of slippery floors, uneven surfaces, and bad lighting.

Rental property. Apartment complexes and rental homes.

Gyms. Weightlifting gyms, sports facilities, and pools.

Homes. Because of faulty building codes or disrepair.

Restaurants. Where crowded spaces, furniture, and spills can create danger.

Public spaces. Parks, city squares, parking lots, and walkways.

Proving Negligence in a San Bernardino Slip and Fall Case

An important part of any slip-and-fall case in San Bernardino is proving negligence. To receive compensation, you must prove that the party who controlled the property acted negligently. Proving fault may involve several things:

Property condition. The danger on the property at the time of the accident. Photographs, video, witness testimony, and expert analysis can explain the property condition.

Severity. The severity of the danger posed by the dangerous condition. For example, an expert may explain how a property condition created an unreasonable risk of harm.

Knowledge. The property owner knew the danger, including from inspections or previous reports.

Incidents. Previous incidents involving the danger.

Management. Employees or property owners can explain property management practices.

Logs. Records may show maintenance and cleaning.

A slip and fall accident lawyer can help you build your case.

San Bernardino court for slip and fall claims

Most San Bernardino slip-and-fall claims are handled in the Superior Court of California, County of San Bernardino. Most claims are heard in the San Bernardino Justice Center, but the Victorville Courthouse also hears unlimited civil cases.

Injuries Slip and Fall Victims Typically Suffer in SB

Common slip and fall injuries in SB are:

• Broken bones
• Brain injury
• Sprained ankles
• Ligament and tendon damage
• Nerve damage
• Herniated discs
• Cuts and bruises

In addition to physical injury, a sudden fall can cause mental injury. A person may become anxious. They may limit their activities out of fear of additional harm.

How Comparative Negligence Affects a Slip and Fall Settlement

Comparative negligence can reduce slip-and-fall compensation. Comparative negligence assesses liability in proportion to fault. For example, a grocery store may be at fault for a slippery entrance. But the shopper may have been wearing improper footwear. (See Scott v. Alpha Beta Co.).

The victim’s behavior can factor into a slip-and-fall settlement. The law assigns a percentage of fault to each party. The plaintiff’s percentage of fault gets deducted from their award.

Defendants are quick to point the finger at slip-and-fall victims. Remember, you don’t necessarily share fault just because they say so. A slip and fall lawyer can give you an honest evaluation of whether comparative negligence will apply to your case.

Why Acting Quickly Matters: Evidence Disappears Fast

When you’re wondering what to do after a slip and fall accident, it’s important to work quickly. Evidence can disappear quickly, especially when it may be convenient for the property owner to record over surveillance video or lose maintenance logs. Working quickly can help you document the accident scene. You can get witness statements before witnesses are hard to locate or become hesitant to talk.

A lawyer can help you secure evidence quickly after a slip and fall. Don’t wait to contact us.

LA Century Law Represents Slip and Fall Victims in San Bernardino

LA Century Law is a premier personal injury law firm in San Bernardino. We represent slip-and-fall victims in compensation claims.

You have important rights after a property accident. Our lawyers can help you exercise your rights.

Call or message us now.