You walk into a mall to buy something and on the way inside or outside, you slip or trip and hurt yourself due to a wet floor, rough patch on the ground, defective stairs or poor lighting. Now you are left wondering who is liable for your injuries between you and the premise owner.

Premise owners must use reasonable care to prevent injuries on their property – so, as it stands, you may be eligible to file a slip and fall lawsuit. However, to win in such a case, you will need to establish that the property owner was liable for the accident. Unfortunately, this is easier said than done because so much goes into the process. Working with a Los Angeles slip and fall lawyer is a great way to get the most out of the case. These lawyers will not only advise you on the best cause of legal action to take, but they will also guide you through all the steps, negotiate with insurance companies and if all else fails, represent you in court. But you should be careful when choosing slip and fall lawyer – not all of them are created equal.

Proving fault in slip and fall lawsuits

There is not a clear cut way to determine when another person is legally liable for your injuries after your trip or slip. The cases are based on whether the premise owner was careful to ensure that the property is safe and whether you were not keen enough to see or avoid the condition that led to your fall. To determine fault, you will need to prove that the cause of your slip and fall was a “hazardous condition” and that the premise owner (person in charge) was aware of the hazardous condition. This “condition” must present an unreasonable risk to you and must have been a condition that you wouldn’t have expected under the circumstances.

Your carelessness

Once you file a slip and fall claim, the insurance company may want to argue that the accident was as a result of your own carelessness. Their adjusters may ask you a few questions to gauge your contribution to the accident. For instance, they will want to find out whether you had a legitimate reason for being in the hazardous area; whether a careful person would have noticed the dangerous area and avoided it or walked keenly enough not to trip or slip; whether you were doing something that removed your attention from the area or you were jumping, running or playing around and whether there were any warnings that the area might be dangerous. Although you don’t have to prove that you were careful, it’s essential to recall what you were doing and explain it clearly so that the insurance adjuster understands you weren’t careless.

Settlement for slip and fall accident

If you suffer injuries from a slip and fall as a result of a dangerous condition on another’s property, you could be eligible for compensation. If the fault is determined, you may recover a settlement for present and future medical bills, pain and suffering, lost wages and loss of earning capacity that arises from the slip and fall accident.