Windsor Slip and Fall Accident Attorney
Trusted Windsor Slip and Fall Lawyers Are Standing By
Windsor is a well-planned community located just two miles from the Russian River in Sonoma County. This family-friendly town boasts 13 neighborhood parks, six community parks, and three regional parks. Yes, Windsor gives its residents and visitors alike the taste of a small home-town in the middle of California’s spectacular wine country.
But even Windor’s pedestrian-friendly Town Green sees its share of slip and fall accidents, some of which can leave the victim with lifelong injuries. If you or a loved one has suffered from a slip and fall, you have the right to know if there are any legal options to help you recover your health and financial stability.
What Constitutes a Legal Slip and Fall Case
Like all states, California has elements that must be proven in order for a victim to recover monetary damages for a slip and fall. First and most importantly, someone must have been negligent in order for the victim to prevail. But what constitutes negligence within the framework of a slip and fall personal injury case?
The first thing that must be shown is that the person responsible for the property (owner, lessee, etc.) either knew about a hazard or should have known about the hazard if they had acted with reasonable care. In other words, a property owner cannot simply turn a blind eye to potential hazards. They have the duty to regularly inspect their property to uncover any potential dangers. After they have uncovered a danger, they then have the duty to either repair the defect or to warn any people invited to the premises of the danger.
In addition to a warning, the property owner should take some steps to safeguard guests against any danger. For instance, if there is a big hole on your property that people may inadvertently fall into, you should probably take these steps to safeguard guests. If you can, fix the hole. If that is not possible, then warn your guests about the hole and place some tape or a fence of some type around the hole to physically deter accidental injury.
In California, the law demands that the property owner and the victim “share fault” if the fault is not one-sided in any given situation. In other words, if you are partially at fault for your own injuries, be prepared to share some of the blame and have your monetary award decreased due to your contribution to your own injuries. But how does this work exactly?
Like many states, California is a “pure comparative negligence” state. This is actually good news because other states that do not follow this rule can actually put up a complete bar to recovery if the victim carries even 1% of the fault for their own injuries. Instead, our state chooses to allow victims to receive compensation for their injuries, even if they were partially to blame. Under our pure comparative negligence rule, the victim is entitled to get compensation, but the amount of compensation is reduced by the percentage that they are at fault.
For example, if Bob slips and falls inside of Rick’s hardware store because there was a fissure in the floor tile that caused it to be uneven, then it seems pretty clear that Rick is going to have to take some responsibility for Bob’s injuries. However, if it is found that Bob was drunk and wearing damaged flip flops while shopping, then the judge may determine that Bob is partially at fault for his own injuries. So let’s say that the full damages Bob would normally be entitled to is $100,000 in damages. But if the judge finds that Bob’s inebriation makes him 30% at fault for his own injuries, then that award would be reduced by the amount of Bob’s fault. So in this example, Bob would actually get $100,000 minus 30% – or $70,000 as his compensation.
Injured in a Windsor Slip and Fall? Call today.
At Henderson Law, we are here to help. Slip and fall cases can be tricky. The legal maneuverings of insurance companies can confuse anyone who is not accustomed to their strongarm tactics. Insurance adjusters are not your friend, no matter how lovely and caring they may sound on the phone. These are professionals whose sole job is to make sure that the insurance company pays you as little as possible for your injuries. With adversaries like this working against you, you need to bring some firepower to the negotiating table. We have decades of experience, and we know exactly how to make sure that you get every single penny that your case is worth.
Our experienced legal team also represent clients with various types of injury cases such as:
So give us a call or contact us online to schedule your free initial consultation today.