Why Are California Slip and Fall Cases Unique?
April 21, 2018Posted on: April 21, 2018
Slip and fall personal injury lawsuits are common cases that are brought to court, simply because anyone at any time could slip, fall, and seriously injure themselves. In the state of California, there are a few laws and legal doctrines in personal injury lawsuits that you should know about that will definitely affect the outcome of your case. The state’s statute of limitations for slip and fall lawsuits and comparative negligence are two laws that California citizens should know about in case you are ever faced with a slip and fall lawsuit where you were injured.
What is the Slip and Fall Statute of Limitations in California?
A statute of limitations is a state law that places a time limit on your right to proceed with a lawsuit enacted by the state’s court system. For a slip and fall injury claim, the statute of limitations is included under the California Code of Civil Procedure section 335.1, which sets a two-year deadline for filing an injury claim related to the wrongful act or negligence of another. Proving fault in slip and fall cases is almost always connected to some sort of negligence by another party. California also provides a separate three-year deadline for slip and fall cases where your personal property was damaged; this deadline for getting a lawsuit is filed over the repair or replacement of that property. California has additional exceptions in relation to pausing this clock, so make sure you speak with our personal injury attorneys about the details of those exceptions.
How Does Comparative Negligence Apply to California Slip and Fall Claims?
Oftentimes, the owner of the property where the slip and fall injury took place will attempt to argue that you share an amount of responsibility for your accident. It’s a common way for property owners to attempt to blame you for the accident so they are not found fully liable. Regardless of his or her arguments, if your California slip and fall case makes it to state court, the state’s “comparative negligence rule” will officially determine how much money you can still receive from the property owner. Under this state rule, any damages award you receive will be decreased according to the percentage of your fault of the accident.
Our Los Angeles personal injury attorneys are skilled in handling premises liability claims, as well as covering slip and fall cases that occur in California. Contact Ramey Law P.C today to get started on your case.