Experienced Slip and Falls Attorneys in the Inland Empire
Recover the compensation you need after a devastating slip and fall accident.
If you have been seriously injured in a slip and fall accident, you may have grounds to file a claim against the property owner or management. Filing a premises liability claim, however, is not a simple undertaking, as many defendants and their insurance companies will do what is possible to avoid paying victims a fair settlement.
Obtain the Support of a Skilled Attorney
Following a slip and fall accident, you will need to consider your legal options. Speak to a knowledgeable attorney who can help your case gain a fair opportunity against the defendant’s aggressive insurance company. Moreover, a skilled personal injury attorney will defend your right to a full compensation.
The Inland Empire attorneys at Castillo & Associates are highly skilled in the field of slip and fall accident claims. Attorney Domingo Castillo, as a prior insurance claims adjuster and senior claims examiner, has been in the insurance claims industry for over 30 years and handled thousands of cases for insurance carriers such as Allstate, Cigna and more. With a professional portfolio that includes the successful legal support of more than 10,000 clients, the firm has the skills and experience necessary to handle the most challenging lawsuits. After a slip and fall accident, you will need the legal support of an experienced and dedicated law firm. Consider contacting the attorneys at Castillo & Associates to schedule a consultation.
How to Prove Negligence in a Slip and Fall Case
As a victim, there are a few important factors you will need to understand in order to prevail in your claim. To begin, your claim will need to ascertain that the defendant breached his or her duty of care. Depending on the circumstances surrounding the case, this can occur in many ways. For instance, business owners have a duty to fix any dangerous conditions on their property, within a reasonable time. When a hazard cannot be repaired straightaway, the property owner will need to warn those in the property about the potentially dangerous condition. When this duty of care is not upheld, this is referred to as negligence.
The Importance of Obtaining Strong Evidence
Property owners have a legal right to challenge the accusations made against their establishment. In their rebuttal, the defense may argue the following:
- That they had no actual knowledge of the existence of the dangerous condition; or
- That the plaintiff’s own recklessness was the primary cause of the accident.
The key to a successful case is providing strong and sufficient evidence that demonstrates the defendant’s negligence. Depending on the specifics of each case, strong evidence can include:
Video Surveillance from the Property
A video recording can demonstrate important details about the hazardous condition, such as the time between when the dangerous condition was created to the time of the slip and fall. If sufficient time has passed between the two points, it can be demonstrated that the property owner or manager had constructive knowledge of the hazardous condition.
Moreover, video surveillance can also demonstrate whether the hazard was purposefully created or was otherwise discovered at an earlier time. This will establish actual knowledge of the existence of the dangerous condition.
In the event that the defense argues that your own carelessness led to the accident, video surveillance can demonstrate otherwise. When surveillance is being withheld, a skilled attorney can subpoena the evidence.
When a slip and fall accident occurs in a location that does not have video surveillance, many victims can be left entangled in a he-said, she-said case. These types of cases are ultimately invalid, so it is critical to obtain as much evidence as possible. One way to obtain evidence is by collecting statements from individuals who witnessed the accident take place. An attorney can use their testimony to support your version of events.
Take Photographs of the Scene
In certain situations, it is in the best interest of the defendant to repair the hazardous condition before another person suffers an injury. Regrettably, this can create challenges for your case, as it can become difficult to investigate the dangerous condition once repairs have been made. When possible, taking pictures of the injuries you sustained and the dangerous condition that caused them can help corroborate your claim. These pictures will prove the existence of the condition and will be used to prove causation as well as the gravity of your injuries.
File an Incident Report
When a slip and fall accident occurs in a business establishment, filing an incident report with the business manager can indicate that the business was negligent, which will ultimately serve as evidence to strengthen your claim.
Obtain a Record of Past Complaints
When another person has suffered a similar accident as a result of the same condition in the establishment, any documentation of this can be used against the defendant to prove he or she had actual knowledge of the dangerous condition. Additionally, it will also demonstrate that the defendant did not take the necessary steps to fix the condition.
Discuss Your Claim with a Skilled Personal Injury Attorney
If you have suffered a slip and fall accident while in another’s property, you may be able to receive monetary compensation for your harms. In California, when the accident has been caused as a result of negligence, the victim can seek monetary reparations from the responsible party. Consider contacting the legal support of a skilled attorney who can help you build a strong case. A proficient attorney will aggressively defend your right to a fair compensation.
The personal injury attorneys at Castillo & Associates have built a strong reputation in helping accident victims obtain the restitution they deserve. A leader among their peers, the attorneys at Castillo & Associates have successfully championed on behalf of over 10,000 accident victims. Schedule a no-obligation consultation following your slip and fall accident and contact the law firm today.