Understanding california slip and fall cases

Law Offices of Steven Zwick
May 14 2021

Slip and fall cases are a widespread problem in California and across the nation. The CDC reports that about 17,000 slip and fall cases occur every year in the United States. Understanding these cases will help to make your injury case much easier to win.

How Negligence Is Decided

In a personal injury lawsuit, you need to prove that another party was negligent and caused you harm. For example, you need to prove that a secondary party did not protect you by keeping ice off a sidewalk or putting up warning signs of slippery surfaces inside a building.

You can use eyewitness testimony, videos of the incident, reports from the police, photos of the crime scene, and much more to prove your case. However, the defendant is likely to use comparative negligence to show that you contributed to your accident, trying to negate your personal injury case.

Ways The Statute of Limitations
Will Affect Your Case

Statutes of limitations on a personal injury case will vary according to a variety of different rules. These will vary based on a state-by-state basis. Currently, the California Code of Civil Procedure has a two-year deadline for personal injury lawsuits of all types, including slips and falls.

This rule means that you cannot file a lawsuit if two years pass after your injury date. The date is set as the day on which you suffered the injury. Note that this doesn’t mean the suit needs to take place in just two years. Instead, this limitation is on filing the lawsuit.

Can the Government Be
Sued for These Cases?

In California, you need to file a claim for your case within six months of the injury when a government employee caused your injury. You can only file this claim if your injury occurred on government property and if the negligence of an employee triggered your harm.

Typically, the government you are using (whether it is the city or the state) will have time to respond to your claim and attempt to counter your argument. For example, they may state that you ignored warning signs and walked on dangerously slippery areas.

Handling Your Personal Injury Case

The complexities of these types of lawsuits may make a good lawyer necessary. These professionals will provide the kind of hands-on help that you need to make your suit more effective. Though there’s no guarantee that you’ll win, a reasonable attorney can improve your chances.