If you have been injured because of such an accident, you should first consider that it is natural for things falling on or dripping onto the ground or floor and for even surfaces to become rough. In addition, certain things placed on the ground, such as drainage gates, serve a functional purpose there. This means that an occupier or owner of a property cannot always be held legally responsible for someone tripping or slipping on something that a common individual should see and avoid or expect to find there. In addition, he/she is not always responsible for immediately cleaning or picking up any slippery substance on the floor. Everyone has a duty to watch and see where one is going.

Determining Liability

Because there is no exact way to know if someone lese is liable for something on which you tripped or slipped, the following are certain general rules to aid you in determining whether or not someone else was at fault for your injury caused by a slip or trip and fall accident.

For someone to be held liable for the injuries you sustained from slipping or tripping and falling on another person's property, one of the following must be true:

?The property owner or an employee must have caused the torn or worn spot, spill, or other dangerous or slippery item or surface to be underfoot

?The property owner or an employee must have been aware of the hazardous surface but did not do anything about it

?The property owner or an employee must have been aware of the hazardous surface because a "reasonable" person who takes care of the premises would have seen and repaired or removed it

Among these three situations, the third one is the most common, but it is also less apparent compared to the first two due to those words, "should have known." Often, liability in such cases is decided by common sense. Juries and judges determine whether the occupier or property owner was careful by making a decision if the steps taken by the occupier or owner to keep the premises safe were "reasonable."

What is "Reasonable?"

In determining the "reasonableness" of an owner of a property, the law focuses on whether the property owner makes habitual and absolute efforts to keep the premises clean and safe. The following are some questions you may ask to find out whether a business or property owner can be held liable for your injuries caused by a slip or trip and fall case:

?If you have tripped over a bulging, broken, or torn area of ground, floor, or carpet, or slipped on a loose or wet area, had the hazardous spot been there long enough that the property owner should have been aware of it?

?Does the owner have a habitual procedure for cleaning, examining, or repairing the property? If it so, then what evidence does he/she have of this habitual maintenance

?If you slipped on or tripped over an object that someone had left or put on the ground or floor, was there any justifiable reason for the object to be there?

Slip and Fall Cases in California

Many people in California get injured because of slip and fall accidents each year. Determining liability in such cases may be difficult and it is wise to have the aid of a personal injury lawyer to assist you in your case.