As a property owner in California, you are legally required to maintain a certain standard of safety for all visitors. You may wonder what will happen if something goes wrong while someone visits your property. For example, what if someone slips and falls on your property in California?
The Simmrin Law Group can help you review the legal outcomes of a slip and fall accident on your property. A Los Angeles criminal defense lawyer will review facts about negligence and possible compensation to be paid to the accident victim.
Steps to Take After a Slip and Fall Accident on Your Property
Here at the Simmrin Law Group, we understand that a slip and fall accident on your property can throw you off-balance. You likely want to provide immediate assistance to the person who fell. You may need to call for emergency medical services after the accident.
If you own a business, you should also create an immediate incident report about the fall. You may have surveillance cameras up that captured the slip and fall accident. These records could be important if you are sued for the accident.
Note that you should not immediately admit fault for the accident. Claiming responsibility for the accident is not recommended by the experts. Instead, you should inform your insurance company about the accident and allow the professionals to handle the aftermath.
Your Insurance Company Can Help with Slip and Fall Cases
Individuals injured in a slip and fall accident must generally file a claim with your insurance company. Your property owner’s insurance may cover the individual’s losses, if you are found responsible for the accident.
Note that you may face additional penalties if you do not carry property owner’s insurance in California. For this reason, it is highly recommended that you make sure your insurance policies are up-to-date, especially if people regularly visit your property.
You should cooperate with representatives from your insurance company as they work to handle slip and fall claims brought against you.
Negligence for Slip and Fall Accidents on Your Property
The state of California requires property owners to ensure their property is free from hazards. This means that you must promptly remove any hazards as you become aware of them. If you own a business, you may be expected to set up policies that involve regularly checking for hazards.
For example, let’s say you own a restaurant. You will be expected to regularly check areas around the bathroom for spills. If an employee finds a spill, they are expected to clean it up quickly. If the spill cannot be cleaned up, the employee must set up warnings to inform customers of the risk.
Personal property owners must still remove hazards quickly. However, you will not be expected to set up policies to regularly check your home for slip and fall hazards.
California Uses Comparative Negligence Laws for Slip and Fall Accidents
You should be aware that you are not automatically responsible for all slip and fall accidents on your property. The court system in California considers comparative negligence in slip and fall cases. This means that, sometimes, the person who fell will be partially responsible for the accident.
An individual may be held responsible if they:
- Ignored warning signs you set up around a hazard
- Entered a restricted area of your property without permission
- Slipped because they were not paying attention to what they were doing
- Fell because they were not wearing adequate footwear
You will be responsible for compensating individuals based on your responsibility for a slip and fall accident. You should hire a criminal defense lawyer to determine if the injured party was partially responsible for their injuries.
Slip and Fall Accidents and Your Employees in California
If you own a business, your employees could slip and fall while on the job. Workplace slip and fall accidents are generally handled by your workers’ compensation insurance. Employees can file a workers’ compensation claim to secure damages for their medical expenses.
Note that you can dispute this claim if you believe an employee:
- Was not actually injured
- Was not hurt on the job
- Was hurt while working a different job
You should also be aware that you could be sued by an employee if you do not carry workers’ compensation insurance and they suffer a slip and fall injury. Your criminal defense attorney will investigate and determine if the case can be dismissed.
Get Help if Someone Slips and Falls on Your Property in California
So, what happens if someone slips and falls on your property in California? You may be held liable for their injuries. In most cases, your insurance company will handle the majority of the legal fallout from a slip and fall accident. However, if you have legal questions about your situation you can contact the Simmrin Law Group for a FREE initial case evaluation.
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