Structural damages to a building, often due to age or wear and tear, can be a significant cause of injury. Uneven steps, parking lot potholes, cracked sidewalks, broken tiles, or torn carpeting can create dangerous situations for visitors to a building. As noted earlier, to prove negligence, we will have to prove that the property owner knew or should have known about the problem and failed to repair it. Occasionally, negligence can be proven by violation of a statute.
Building owners must also ensure that the building’s structure is in compliance with applicable building codes. For example, handrails and other similar structures typically must be installed at a certain general height. If you fall on a stairway that lacked appropriate handrails, and the lack thereof caused your injuries, you may have a valid claim against the building owner for violating building codes.
Weather-related slip and fall accidents are difficult cases for injured plaintiffs. Landowners are generally expected to take reasonable steps to reduce hazards created by adverse weather. This can include, but is not limited to, shoveling snow, salting or sanding icy and slippery spots, and installing anti-slip devices on outdoor steps. As with other cases, if the landowner has no reasonable opportunity to correct the problem, as where a flash flood has created a hazard, the landowner will not held liable for injuries caused by the hazard.
In slip and fall cases, comparative negligence applies. Knight v. Jewett (1992) 3 Cal.4th 296 [11 Cal.Rptr.2d 2, 834 P.2d 696]. As a guest on someone else’s property, you are expected to exercise reasonable judgment and caution.
Example: You fall while walking down the stairs at a hotel, sustaining serious injuries. A jury finds that the property owner had been warned about the trouble spot weeks ago and failed to correct it, however, the jury also finds that you were reading the newspaper while you walked down the stairs and your inattention contributed to causing the accident. If the jury finds you 50 percent at fault and the defendant 50 percent at fault, the defendant would have to pay you only one half of the total damages found to be incurred by you.
If you or a loved one has been injured in a slip and fall accident, call The Law Office of John P. Rosenberg, PLC now a(818) 530-1770. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.