How Do I Know if I Have a Slip and Fall Case in California?

Hurt in a slip and fall accident in Fresno or elsewhere in the San Joaquin Valley? You may be entitled to financial compensation through a slip and fall accident claim. This raises an important question: How do I know if I have a slip-and-fall accident? The short answer is that you have a claim if you were lawfully on another party’s premises and you fell because of their negligence. Here, our Fresno slip and fall accident lawyer explains how you know if you have a viable case in California.

Want to Know if You Have a Case? Know the Slip and Fall Elements

Slip and fall accident injury claims are governed by premises liability law in California. These are fault-based legal cases. A business or property owner may potentially be liable for your slip and fall, but it is not automatic. You must prove that their negligence contributed to your accident. The Judicial Council of California Civil Jury Instructions (CACI No. 1000) lays out the requirements for a successful slip and fall accident claim. If you can satisfy each element, you have a case. Here is an overview of the elements of a slip and fall accident case in California:

1. A Duty of Care: The property owner or occupier must have owed you a legal duty of care. In California, landowners—including businesses and homeowners—must maintain their property in a reasonably safe condition for guests, customers, or lawful visitors. It is very difficult for a trespasser to bring a slip-and-fall accident claim.
2. Dangerous Condition on the Property: Next, you must show that there was a hazardous condition on the property that created an unreasonable risk of harm. Some common examples include wet floors, uneven sidewalks, poor lighting, or loose carpeting. This is the negligence element of a slip and fall claim. Evidence such as photos, maintenance records, or eyewitness testimony can help you prove conditions were hazardous.
3. Knowledge of the Dangerous Condition: The owner must have known or reasonably should have known about the dangerous condition. Notably, you can be shown this through actual knowledge (e.g., the owner was told about the hazard) or constructive knowledge (e.g., the condition existed for so long that they should have discovered it through reasonable inspection). In California, courts will evaluate whether the owner used ordinary care to discover risks. A failure to notice and address hazards can support this element.
4. Actual Injury Caused by Negligence: Finally, you must prove that the hazardous condition directly caused your injury. There must be a clear link between the dangerous condition and the harm you suffered, such as broken bones, a concussion, or another physical injury. Medical records are key to bringing a winning slip and fall injury claim in Fresno.

Contact Our Fresno, CA Slip and Fall Accident Attorney Today

At Nunes Law, Inc., our Fresno slip and fall accident lawyer is a strong, aggressive advocate for justice. If you have any questions about whether or not you have a viable slip and fall accident case, please contact us right away for a free, no-obligation case review. With an office in Fresno, we represent slip and fall accident victims throughout the entire region.

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