What is the legal definition of a “trip and fall”?
In California, a “trip and fall” occurs when a person slips, trips, or stumbles due to any hazardous or dangerous condition that exists on a property. It is defined as any form of accident caused by a public or private property’s unsafe condition or its occupants’ actions that result in an individual’s slipping, tripping, or stumbling and suffering injury. In California, property owners have a duty of care which requires them to keep their premises safe and free from unsafe conditions. This means they must take reasonable steps to maintain their properties in a safe condition. If a hazardous condition is present, property owners must either warn visitors of the condition or take steps to remedy the hazard to prevent an accident from occurring. For a trip and fall claim to be successful, a claimant must prove that the property owner had notice of the hazardous condition, was negligent in determining the cause of the condition, or failed to take reasonable steps to remove or remedy the hazard. To prove this, there are four elements that must be met: 1. The property owner had a duty to maintain the property in a safe condition. 2. The property owner breached that duty by failing to correct the hazardous condition or to give an adequate warning of it. 3. The hazardous condition was the direct and proximate cause of the slip and fall. 4. The claimant was injured as a result of the slip and fall incident. If a claimant is able to prove all four elements, they may be able to collect compensation for medical bills, lost wages, pain and suffering, and more. If you have been injured as a result of a trip and fall, it is important that you consult with an experienced slip and fall attorney right away.
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