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How Do I File a Slip and Fall Lawsuit in California?

Whether you are inside or outside a building, on a tile floor or a gravel road, the risk of falling is nearly always present. Yet, it is the property owner’s job to reduce this risk as much as possible by supplying adequate lighting, stable walkways, and other supportive safety features.

Unfortunately, not all California property owners take this responsibility seriously, which results in injuries for their visitors and other pedestrians. If you have been injured due to this neglect, there are several essential steps to follow when filing a claim against the negligent party.

Gathering the Evidence for a Slip and Fall Lawsuit

To file a slip and fall lawsuit, you’ll need an extensive foundation of documentation reflecting as many details of the incident as possible. To gather such documentation, you must take action immediately after your fall with these steps:

  1. Report the accident to the appropriate authority. Most businesses will have forms available for you to fill out your accident report. Remember to take a copy of this report for your records.
  2. Document the details of the scene.Write down everything that you believe may have contributed to your fall. If the area was poorly lit, there were hazardous substances or objects in the walkway, or other such conditions, make sure these are thoroughly described in your documentation. Take photos and videos as well.
    1. Note: Witness statements can be highly beneficial to your case. Collect the contact information of anyone who saw your fall.
  3. Go to a hospital. Slip and fall accidents often cause traumatic brain injuries (TBIs), fractures, and similar wounds. Have a physician verify your condition after the fall and obtain a copy of your visit summary and any bills you were charged.

The property owner’s insurer may attempt to contact you and secure a recorded statement. It is your right to refuse this, as they are likely to use your words against you and deny you compensation. Seek a lawyer’s help if this is requested of you and protect your rights as the victim in this case.

Further Information on Filing Your Lawsuit

By completing the above steps, you have effectively formed the foundation of your lawsuit. Now you are ready to file your claim and hold the appropriate party responsible. Note that you will be tasked with proving the following to be true of the property owner’s conduct:

  • They were legally obligated to provide a safe walking area. (This is known as the “duty of care.”)
  • They neglected to provide a safe walking area.
  • This neglect directly resulted in your fall and damages.

These details can be surprisingly challenging to prove. So, your last step before officially filing a lawsuit is to hire a slip and fall accident lawyer. Your lawyer will help you gather all the necessary evidence to hold this individual accountable for their neglect and secure your compensation. Get in touch with a California slip and fall lawyer as soon as possible to get started.

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