Slips and falls can happen in many different ways and for many different reasons in and around Encinitas. Whether you got hurt in a slip and fall accident due to a liquid spill at a restaurant, or your child suffered a concussion in a slip and fall injury on a pool deck at a Southern California hotel, it is important to speak with an experienced Encinitas personal injury lawyer to learn more about your options for filing a claim for financial compensation. Yet you may be concerned that your own fault could prevent you from obtaining compensation after a slip and fall. For example, you might be thinking, “Even though that restaurant or grocery store did not clean up the liquid spill on the floor that caused my injuries, I was distracted because I was walking while texting on my smartphone.” Or, for instance, you might be wondering, “If my child slipped on a slick area of a hotel walkway, is the hotel still liable even if my child was running at the time?”
Here is what you need to keep in mind: California uses a “pure comparative fault” rule when it comes to determining damages in a personal injury claim, which is beneficial for plaintiffs who may be partially at fault. However, you should also know that, even if the possibility of your own fault is raised, you may be able to show that you are not responsible for your injuries. The following are steps you should take if you are concerned you are partially at fault for a slip and fall injury in Encinitas or elsewhere in Southern California.
Document the Scene Where the Slip and Fall Happened
You should do everything you can to document the scene where the slip and fall happened, particularly the dangerous condition on the premises that led to the slip and fall accident. You will want to gather clear evidence of the dangerous condition, such as a liquid spill or a damaged floor, and you will want to document it from multiple angles and distances to help prove that the property owner was at fault for the slip and fall accident.
Seek Advice from a Personal Injury Lawyer About Your Case
Whether the property owner has alleged that you are partially to blame or you are worried that your own fault will reduce your damages award, you should seek advice from a premises liability lawyer before you go any further with your case.
Recognize that California’s Comparative Fault Law Likely Will Not Bar You from Recovery
Even if a court ultimately determines that you were partially at fault for the slip and fall accident, California law says that you can recover damages regardless of your percentage of fault (as long as you are not fully at fault). However, your total damages award will be diminished by your own percentage of fault, so it is critical to seek help from a lawyer who can help you to prove that you deserve the full amount of damages you are seeking.
Contact an Encinitas Slip and Fall Attorney
Do you have questions about filing a slip and fall claim, or do you need assistance handling allegations of comparative fault in your slip and fall case? One of the experienced Encinitas slip and fall attorneys at our firm can assist you. Contact the Walton Law Firm for more information about your premises liability lawsuit.
See Related Blog Posts: