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What You Need to Prove for a Slip and Fall Injury Claim

Thursday, October 13, 2016

Accidents happen every day. but most are harmless. We pick ourselves up and keep going. However, when an accident happens that is a little more severe, you may be able to get help with your medical bills. Unfortunately, when you get hurt in common accidents like slip and falls, they can be hard to prove. In order to hold another party responsible, there are a few simple things that you need to prove.

Proving Negligence

When proving negligence, or that the owner of the property knew about the danger and knowingly ignored it, the term "reasonable" is thrown around a lot. You need to be able to prove that they knew about the danger and just let it exist. This means that:

  • It existed for a reasonable amount of time before the accident that the owner had to know.

  • The property was routinely checked for dangers.

  • There was reasonable justification for the creation of a potential hazard.

  • There was no visible warning signage.

Proving You Didn't Cause the Accident

Often the best defense against a slip and fall case is that the property owner infers that you caused the accident yourself. Comparative fault states that you, in some way, had equal fault in causing the accident.

  • Were you engaging in an activity that prevented you from noticing the hazard (texting, reading while walking, ect)?

  • Were you supposed to be in that area?

  • Did you ignore adequate warning signs?

If you can prove all of the above, then you already have a strong case for a slip and fall claim. If your accident happened in the Los Angeles area, Freeman & Freeman may be able to help you. Contact us today to learn more.



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From our offices in Woodland Hills, California, Freeman & Freeman, LLP, provides legal advice and representation for clients in communities throughout the state, including those in Burbank, Glendale, Encino, Sherman Oaks, Van Nuys, Tarzana, Santa Clarita, Agoura Hills, Reseda, Canoga Park, Chatsworth, Northridge, Granada Hills, Pacoima, Panorama City, North Hollywood, Thousand Oaks, Simi Valley, Lancaster, Palmdale and Alhambra.