A slip and fall lawyer Newport Beach, California will investigate many of the aspects involved in determining who is responsible for your injuries, here is how they establish liability:
Top Ways a Slip and Fall Lawyer Newport Beach, California Decides Liability
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Direct Establishment of Duty of Care
The property owners, landlords, and even business operators are responsible by law to indemnify their environment for the safety of visitors. Duty of care means that these people should take reasonable steps to prevent hazards. When a person slips and falls in Newport Beach, California, the first thing a lawyer does is ascertain whether the property owner owed a duty of care to the injured person. This was dependent on the visitor’s status:
- Invitee: This is a customer or guest who has permission to be on the property for business purposes. They are owed the highest duty of care.
- License: A person having permission to be on the property but for nonbusiness purposes (social guest). They are owed a duty of care, although a little less than that due to invitees.
- Trespasser: This is a person entering without permission. Generally, property owners have minimal responsibility unless they create dangerous conditions deliberately.
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Identifying Dangerous Conditions
Proof of a hazardous situation is the key element in slip-and-fall cases. The common hazards include:
- Wet or slippery floors
- Uneven pavement or flooring
- Poor lighting
- Loose rugs or carpets
- Cluttered walkways
- Broken handrails or stairs
The lawyer collects proof such as reported incidents, photographs, video footage from surveillance, and statements by witnesses to prove that the dangerous condition indeed caused the fall.
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Proving Negligence
To hold someone liable, a slip and fall lawyer Newport Beach, California must prove that negligence was established. To do this, he needs to prove that The property owner knew or should have known about the dangerous condition. They did not fix the hazard or warn visitors about it.
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Comparative Negligence in California
California follows comparative negligence laws, under which any compensation obtainable to an injured person may be reduced by his or her degree of comparative fault for the accident. A slip and fall lawyer looks at whether the victim acted in a way that contributed to their fall.
Conclusion
Establishing liability in cases of a slip and fall requires an efficient level of investigation and legal expertise. If you’ve suffered injuries in an accident, legal support is essential. For experienced legal representation from a slip and fall lawyer Newport Beach, California, you’ll want the help of the Law Office of Niko Paris. Contact them today for a consultation.
