Written By Chris Dolan and Anna Pantsulaya
With California’s unprecedented rain, your concerns about slip-and-fall as a business invitee are not without.
What is a California Slip and Fall Accident Claim?
A slip and fall accident is a type of California premises liability claim that occurs when someone falls and sustains an injury due to the owner or operator’s negligence. Not all falls lead to premises liability lawsuits. Slip and fall accidents in California regularly lead to broken bones, traumatic brain injuries, sprains, scars, and lacerations. Rain-related slip and fall accidents can even cause fatal injuries. According to the CDC, one in every five slip and fall accidents results in a broken bone or head injury.
Common Causes of Slip and Fall Accidents in California
There are different considerations to make depending on what caused the California slip and fall accident to occur. Common causes of premises liability claims include:
- Wet floors
- Spills
- Leaks
- Poorly maintained rugs or carpeting
- Uneven/defective floors
- Lighting issues
- Uncovered cables and cords
- Broken or missing railings
- Failure to warn about known hazards
Liability for Slip and Fall Accidents in California
In California premises liability law, property owners and managers have a duty of care to:
- Maintain their property in a reasonably safe condition
- Warn guests and visitors of dangers that may not be obvious
The duty of care requires property owners to maintain their premises, inspect for and repair potentially hazardous conditions, and provide adequate warnings. To hold a property owner liable for a slip and fall accident, it must be shown that the condition was either known to the owner or had existed long enough that they should have known about it.
Who is Responsible for a Slip and Fall Accident Claim in California?
Different insurance policies apply depending on where the California slip and fall injury occurred:
- If the injury happened in a store or business, the claim would be filed under the company’s commercial liability insurance
- If the fall occurred at a private residence, the claim may be filed under the homeowner’s insurance
- If the slip and fall happened on the job, the claim would go through California workers’ compensation insurance
How Do California Rainstorms Impact Slip and Fall Accident Claims?
We all must watch where we walk, but businesses and property owners also have a legal duty to keep their premises safe. Rainy conditions can increase slip and fall risks, and property owners must take reasonable precautions to prevent rain-related slip and fall injuries.
In Scott v. Alpha Beta Co., a California slip and fall lawsuit, the court found a grocery store 60% liable after a business invitee slipped and fell on a wet floor. The court ruled that the store knew or should have known the rain would create a hazardous condition and failed to take reasonable precautions.
This case highlights the legal responsibility of property owners and also demonstrates that courts consider the negligence of the injured person when evaluating the claim. Businesses and insurance companies will use various defenses to fight liability, which is why it is critical to contact a California slip and fall lawyer as soon as possible.
Injured in a Slip and Fall Accident? Contact a California Slip and Fall Lawyer Today
If you or a loved one has suffered injuries due to hazardous property conditions, you may be entitled to compensation. At Dolan Law Firm, our California slip and fall personal injury attorneys specialize in premises liability claims and will fight to protect your rights. Contact us today for a free consultation.
