At Fassonaki Law Firm, P.C., a Los Angeles personal injury law firm, we recently represented a client, a senior, who suffered a trip-and-fall incident--injuring her knee. Our client was in extreme pain due to her knee injury.

Our legal team at Fassonaki Law Firm P.C. investigated the site and details of the incident and collected all the relevant evidence which proved that our client was not at fault. Despite the visibility of the hazard, no measures were taken to address it. The absence of any warning signs or barriers in the area further indicated a failure to fulfill the duty of care owed to visitors.

As per the California Civil Code § 1714, the owner of real property is under a legal duty to exercise ordinary care and skill in the management of their person and property to
prevent causing harm to others on or near the premises. This duty of care is owed to all visitors present, including our client. The property owner should have acted as a responsible person to avoid injury to others.

Thanks to the efforts of our team, we achieved a resounding victory. As a result of our dedicated work, the adverse party's insurer agreed to pay compensation to our client.

Frequently Asked Questions About Trip-and-Fall Accidents in California

What is a trip-and-fall accident under California premises liability law?

A trip-and-fall accident occurs when someone trips over a dangerous or unsafe condition on another person's property and suffers an injury. Depending on the circumstances, a property owner or other responsible party may be liable if they failed to exercise reasonable care in maintaining the premises.

When can a property owner be liable for a trip-and-fall accident in California?

A property owner may be liable when a dangerous condition causes an injury and the circumstances establish that the owner failed to exercise reasonable care. Liability can depend on factors such as whether the owner knew or should have known about the condition and whether reasonable steps were taken to repair it or protect visitors from harm.

What does California Civil Code § 1714 mean for a trip-and-fall claim?

California Civil Code § 1714 establishes the general principle that people are responsible for injuries caused by their failure to exercise ordinary care or skill in the management of their person or property. In a premises liability case, this principle can be relevant when determining whether reasonable care was used to keep the property safe.

Does a property owner have to warn visitors about a dangerous condition?

Depending on the circumstances, reasonable care may require a property owner or other responsible party to repair a dangerous condition, provide an adequate warning, or take other reasonable measures to protect visitors. Whether a warning was required depends on the particular facts of the case.

Can I pursue a claim if the trip hazard was visible?

Potentially. The fact that a dangerous condition was visible does not necessarily resolve whether a property owner can be held responsible. California premises liability cases consider the surrounding circumstances, including the nature of the hazard and whether reasonable precautions were taken.

What evidence is important after a trip-and-fall accident?

Important evidence may include photographs or videos of the hazard, surveillance footage, witness statements, incident reports, medical records, maintenance records, and documentation of the injured person's losses. Because dangerous conditions can be repaired or changed quickly, preserving evidence after an accident can be particularly important.

What compensation may be available after a trip-and-fall injury?

Depending on the circumstances, an injured person may be able to pursue compensation for medical expenses, lost income, pain and suffering, and other economic and non-economic damages resulting from the accident.

How can a Los Angeles personal injury attorney help with a trip-and-fall claim?

A personal injury attorney can investigate the dangerous condition, preserve evidence, determine who may be responsible for maintaining the property, evaluate applicable premises liability law, document the client's injuries and damages, and negotiate with the responsible party or its insurance company.

Schedule a consultation with our proficient attorney at Fassonaki Law Firm, P.C., a Los Angeles personal injury law firm at 323-524-8994 and take the first step towards resolution.