Filing a successful slip and fall case requires more than just alleging that another party was responsible for your injuries; instead, there are four elements of a valid slip and fall case that must be established and proven. At the offices of RMD Law, our experienced California slip and fall lawyers can aid you in understanding these elements and bringing forth a successful claim for damages. Call us today for your free consultation.
Elements of a Valid Slip and Fall Case
There are four elements of any personal injury case. The following reviews these four elements and details that are specific to a slip and fall claim:
1. Duty of a care. The first element of a valid slip and fall case is proving that the defendant owed you, the plaintiff, a duty of care. Duty of care is based on the relationship between the defendant and the plaintiff. For example, a property owner owes a trespasser a different duty of care than that which is owed to a licensee or invitee. In most cases, a property owner’s duty of care is to maintain their property in a reasonably safe condition.
2. Breach of duty of care. The second element is providing proof of a breach of a duty of care. In order to substantiate breach of duty of care, a plaintiff must prove that a dangerous condition existed on the property and that the property owner:
a. Knew or should have known of the dangerous condition; and
b. Failed to remedy the condition in a reasonable amount of time.
3. Causation. The third element of a valid slip and fall claim is proving that the hazardous condition–and the property owner’s failure to remedy it–was the proximate cause of your slip and fall injury. In other words, your slip and fall accident would not have occurred but for the property owner’s negligence.
4. Damages. Finally, you must offer proof of suffering damages. Damages may be economic or noneconomic in nature, and may include medical bills, lost wages, pain, suffering, and more.
Filing Your Claim Within the Statute of Limitations
In addition to proving all four elements of a slip and fall claim, you must also be sure to bring forth your claim within the two-year statute of limitations, set forth in California Code of Civil Procedure Section 335.1. Failure to file within the two-year required is a bar to recovery.
Working with a Skilled Orange County Slip and Fall Lawyer
Understanding the elements of a slip and fall claim and how to prove each is crucial for the success of your claim. Because some elements of a slip and fall claim can be subjective and open to interpretation–for example, what is a reasonable amount of time to remedy a dangerous condition on one’s property? –working with a skilled lawyer can be a boon to your case.
At the offices of RMD Law, our slip and fall lawyers know how to dig deep to collect evidence and build successful claims and have recovered millions of dollars on the behalf of our clients. To schedule a free consultation with our law firm, please call us today or email us directly at your convenience.