A slip and fall attorney near Riverside, CA, advises clients that this area of personal injury law is complex. Even if someone is responsible for keeping his or her property safe and fails to do so, a successful personal injury claim must go even further. An injury lawyer must prove that a property owner knew or should have known about dangerous conditions that caused the fall . Read on to find out more about how a personal injury lawyer must show a property owner’s duty to keep premises safe, prove that dangerous premises caused injury, and demonstrate financial damages.

Show Duty

When it comes to a slip and fall case, an injury lawyer first needs to show that the property where you were injured had an owner who owed you a duty of care. This first step is usually easily satisfied. A property owner has a duty to maintain a safe premises for any guest or visitor. For example, a grocery store owner must maintain a dry parking lot free of slippery ice and water.

Prove Causation

Next, a personal injury lawyer needs to prove that the property owner’s failure to maintain a safe space directly caused your personal injury. This step is trickier, and opposing counsel will fight your slip and fall lawyer every step of the way. For example, you may slip and hurt your ankle on an extremely icy sidewalk or a stairway that has fallen into serious disrepair. While the property owner has clearly failed to maintain safe premises, his or her lawyer could argue that your ankle injury is actually attributable to a sports accident incurred years ago.

Demonstrate Damages

After your slip and fall lawyer proves causation, he or she will also need to demonstrate damages. Damages are a set amount that a personal injury victim is entitled to in order to compensate her for the accident. For example, a victim is generally entitled to be reimbursed for medical bills, any missed work or lost future wages, and general pain and suffering.

Quite often, falls occur because an individual failed to exercise reasonable caution, such as by texting while walking. However, in some cases a fall may be the result of negligent behavior on behalf of the property owner or manager. This is known as a slip and fall case. Under personal injury law, a victim may be eligible to seek compensation for damages related to the incident. If you or a loved one has suffered injuries in an accident, you can contact a slip and fall lawyer near Riverside, CA to discuss your case. Your personal injury lawyer can answer any questions you may have.

Who Might be Held Liable in a Slip and Fall Claim?

The defendant in a slip and fall lawsuit will depend on the circumstances of the incident. Your personal injury lawyer may name the owner, supervisor, or manager of an apartment building, restaurant, or other type of property in which the accident occurred. If you slipped and fell on rental property, your injury lawyer will review the lease agreement to determine if the tenant or the landlord was responsible for the existence of the hazardous condition.

What Constitutes a Hazardous Condition?

The types of hazardous conditions that may cause an accident are virtually limitless. Some hazardous conditions are permanent, such as a staircase that was defectively designed. Others are temporary, such as frayed carpeting. A lawsuit may be filed when a person slips because of spilled beverages or food, loose electrical cords, broken handrails, or inadequate lighting, just to name a few. However, it’s important to note that proving the existence of a hazardous condition that caused the fall is not sufficient to obtain a favorable resolution to a lawsuit. Your injury lawyer must also demonstrate that the defendant created the condition or knew that the condition existed, yet failed to correct it within a reasonable amount of time. Alternatively, the lawyer could demonstrate that the condition existed for such a length of time from which it may be inferred that the owner should have known about the problem.

What Damages Could I Recover?

Slipping and falling by itself isn’t the basis for a lawsuit. In addition to proving negligence and the existence of a hazardous condition, your lawyer must prove that you suffered damages as a result. If so, a lawsuit may recover compensation for your diagnostic tests, medical treatments and procedures, lost wages, and loss of earning capacity.