Although property owners and landlords in California must maintain their premises in ways that would not threaten the safety of visitors who lawfully enter their properties, this is often not the case. Countless incidents occur every year in which slip-and-fall incidents cause serious injuries. Most people know that the property owner can be held responsible if there is proof of negligence, but many myths exist, making people doubt the viability of their claims.
Slip-and-fall accidents can happen on icy walkways, wet or slippery store floors, damaged surfaces in parking lots and more. A negligent property owner may be quick to tell fall victims that it was their own fault and that they do not have valid claims or that the hazard was obvious and should have been avoided. Even if a landlord claims that there were warning signs posted, victims should not be deterred from exploring their legal options because none of these circumstances automatically makes a claim invalid.
There is a myth that says only expenses related to physical injuries can be claimed. The truth is that some slip-and-fall injuries are serious enough to cause permanent or long-term harm. In such cases, claims for lost income and future loss of earning ability can be filed, along with claims for emotional damages such as loss of life enjoyment or consortium.
With sufficient proof of negligence on the part of the California property owner, all financial and emotional damages might be recoverable. However, establishing negligence can be challenging, and many slip-and-fall victims choose to utilize the skills of experienced premises liability attorneys. A lawyer can assist with that and also the navigation of the legal procedures in pursuit of recovery.
Source: FindLaw, "5 Slip and Fall Lawsuit Myths", Christopher Coble, July 22, 2017