Who Is Responsible in Slip and Fall or Trip and Fall Accident

In California, anyone who owns, leases, occupies, or otherwise controls a property owes a duty of care to protect all those who enter their property from harm. Understandably, this can make determining who is at fault for a trip and fall or slip and fall accident a little tricky. In a slip and fall accident involving a wet floor in a grocery store, it’s simply enough to assume that the at-fault party is the grocery store themselves.

But, what about a broken or uneven sidewalk? Here, it’s a little more involved. While the local municipalities own the sidewalks, California state law gives landowners the the responsibility of maintaining the sidewalks that front their property.

According to Streets and Highways Code Section 5610:

The owners of lots . . . fronting on any portion of a public street . . . shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas . . .

Cal. S&H Code § 5610

Thus, the duty of care would fall on the local municipality, such as the City of Los Angeles, and the owner of the property.

Common Causes of Slip and Fall Accidents

There are various causes of trip and fall or slip and fall accidents in California but some are far more common than others. The location of the accident dictates the likelihood of the hazard. We’re all familiar with tripping on an uneven or broken sidewalk. Broken or even sidewalks are almost always due to movement underneath the ground. Tree roots grow underground and slowly but surely end up cracking the pavement, and lifting up or sinking a portion of the sidewalk.

Another example is a slip and fall in a supermarket, grocery store, or convenience store. For these locations, the most common cause of a slip and fall accident is a wet floor. Likely, the floor is wet because because it was recently mopped or because an employee or other customer spilled a liquid of some kind.

A trip and fall that happens in or around an apartment building would involve an entirely different set of circumstances. Here, common causes of trip and fall accidents involve loose carpeting, uneven stairs, broken or missing stair railings, and broken, missing, or otherwise inadequate lighting in the stairwell.

Proving Negligence for a Slip and Fall or Trip and Fall

Slip and fall or trip and fall accidents are considered premises liability. Therefore, even after you’ve identified the everyone that may have some responsibility for your slip and fall or trip and fall, you must prove that the their act or omission (failure to act) was negligent before you can hope to receive monetary compensation for your injuries and damages. Proving negligence for a premises liability case requires three elements:

That a dangerous or hazardous condition existed on the property;

That the responsible party knew, or by exercising reasonable care should’ve known, that the dangerous or hazardous condition existed; and

The responsible party failed to repair it, protect against it, or give adequate warning of it.

What Can I Get Paid For?

Like all personal injury actions, plaintiffs are entitled to recovery all compensatory damages resulting from the trip and fall or slip and fall accident. These damages include both economic and non-economic damages. Examples include but aren’t limited to:

Medical bills

Lost wages, if you missed time off work

Lost earnings capacity, if you’ll not be able to earn money in the future

Pain and suffering

How Century Law Can Help

Unlike other firms, with us you’ll always have access to your attorney. We’ll ensure you receive the best medical care available, and you’ll receive regular follow-ups from our expert staff who’ll be checking in on you to see how you’re recovering from your injuries and to keep you up-to-date with your case’s progress.

Get maximum compensation

Receive expert medical treatment at no out-of-pocket cost

Speak directly with your attorney

Pay nothing at all unless we win

Free no-obligation consultation

We will come to you

We’re Here to Help

If you or a loved one has been injured in a slip and fall or trip and fall accident, you need the best Los Angeles slip and fall lawyers to get you the compensation you deserve. That’s what Century Law offers.

Make the right decision. Don’t pick a firm too small to get the job done, or too big to care about your case. Hire the Los Angeles trip and fall lawyers at Century Law and let us fight for you!