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When Is a Property Owner Liable for a Slip & Fall Accident?

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It’s a common misconception that property owners are automatically liable for any accidents that injure third parties at their home or place of business. While they’re often considered responsible in the eyes of the law, there are scenarios in which they’re not. 

In other words, if you slipped and fell on someone else’s property, you’re not necessarily guaranteed a payout. Before you can hold the owner financially accountable, you’re going to have to prove the following elements:

1. The Owner Failed to Maintain the Premises to a Reasonably Safe Standard 


Most premises liability claims are founded on negligence, which is characterized by a breach of duty. Generally speaking, property owners have an obligation to maintain their homes and businesses to a reasonably safe standard for all those who enter the premises lawfully. Their duties might include:

In order to hold a property owner liable for a slip and fall, you’re going to have to prove that they knew—or should have known—about the hazard that caused the accident but failed to either warn you or take reasonable steps to address it in a timely manner. 

2. The Hazard in Question Caused You to Slip & Fall 

The dangerous condition that the property owner overlooked must have been directly responsible for your slipping and falling. In other words, you should be prepared to prove that you were neither impaired nor being disorderly at the time of the accident. 

3. You Incurred Actual Damages as a Result of the Accident 

The final element of every successful slip and fall claim is damages. You must have incurred legitimate and recoverable losses because of the injuries you sustained in the accident. 

The state of California recognizes the following damages in tort actions:

The state also recognizes loss of consortium. Attributed to spouses of injured parties, this encompasses the loss of support, affection, society, service, and companionship they incur as a result of their husband or wife’s condition. 

Evidence that may help you demonstrate the kinds of damages listed above includes:

Discuss Your Case with a Slip and Fall Attorney in Long Beach 

Your Injuries Are Personal to Me

If you were seriously hurt on someone else’s property, turn to the Law Office of Michael D. Waks for strategic legal counsel. Our tenacious team has recovered numerous six- and seven-figure settlements and verdicts on behalf of our valued clients. To set up a free case review with a slip and fall lawyer in Long Beach, call (562) 206-1939 or complete our Online Contact Form.

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