Who Can I Sue if I am Injured in a Slip and Fall Accident in California?
When an individual is physically injured, the injured person (and sometimes affected family members) can bring civil lawsuits to recover substantial money damages. Trials of civil lawsuits, at their core, can be broken down into two parts: liability and damages.
Sue liable parties: Generally, an injured person can recover from the person who is found to be legally responsible (liable) for his injuries.
Proving liability in your case: The injured party has the burden of demonstrating that they were the victim of negligence as a result of the conduct of the other party (the defendant). In California, to prove negligence, the injured person will have to show: (1) the defendant had a duty to act with reasonable care with respect to the injured person, (2) the defendant breached that duty, (3) the defendant's breach caused plaintiff's injuries, (4) the plaintiff suffered damages.
Who do I sue if I am injured in a slip and fall case?
If you are injured on the property of another (e.g., at a mall, restaurant, gas station, supermarket, movie theater, amusement park, stadium, race track, or any other business or even residential premises), you may be able to sue to recover for your injuries. Just as with car accidents, there are also many possible defendants in a slip and fall or premises liability case in California, including, but not limited to:
1. Property Owner: If an individual is injured while on the property of another, he/she may be able to sue the property owner if the property owner failed to exercise his duty of care. For example, if somebody slips on a wet floor inside of a building, they may be able to sue the property owner. If you invite someone into your home and they are injured on your property, they may be able sue you as the property owner!
2. Business: If you are injured in a store or on some other business premises, you may be able to sue the owner of the business in addition to the property owner (because in some cases, the owner of the business is not the owner of the store).
3. Security Company: If you are injured at a club, stadium, or any other large venue because of a rowdy crowd, you may be able to sue the security company for negligent control of the crowd.
4. Individuals: You may also be able to sue individuals personally in some cases. For example, if a security guard forcefully removes you from a building and injures you in the process, you may be able to sue him/her. As another example, if a fellow patron at a baseball game or other sporting event accidentally slips and falls and tumbles onto you causing you injury, you may be able to sue that individual as well.
You can reach an attorney at Theta Law Firm by calling us or sending us an email at law@thetafirm.com. Theta Law Firm can represent clients all across the State of California, including in any of the following counties: Alameda | Alpine | Amador | Butte | Calaveras | Colusa | Contra Costa | Del Norte | El Dorado | Fresno | Glenn | Humboldt | Imperial | Inyo | Kern | Kings | Lake | Lassen | Los Angeles | Madera | Marin | Mariposa | Mendocino | Merced | Modoc | Mono | Monterey | Napa | Nevada | Orange | Placer | Plumas | Riverside | Sacramento | San Benito | San Bernardino | San Diego | San Francisco | San Joaquin | San Luis Obispo | San Mateo | Santa Barbara | Santa Clara | Santa Cruz | Shasta | Sierra | Siskiyou | Solano | Sonoma | Stanislaus | Sutter | Tehama | Trinity | Tulare | Tuolumne | Ventura | Yolo | Yuba