Are slip and fall cases heard in civil or criminal court?
Slip and fall cases in California are usually heard in civil court. This means that when a person is injured due to the negligence of another, they can take the other person or entity to court and seek compensation for damages. These claims are based on the concept of “premises liability”, which holds that property owners should maintain safe and hazard-free properties. In civil court, the person or entity who is accused of negligence must provide evidence to show that they are not responsible for the accident, or that the plaintiff contributed to the accident in some way. In California, a plaintiff must prove four elements in order for them to recover damages for their claim: that the defendant had a duty of care; that the defendant breached this duty; that the action or inaction of the defendant caused the accident; and that the plaintiff suffered damages as a result. If a person is found guilty of a crime due to their role in the slip and fall accident, such as recklessness or negligence, then the case may be moved to criminal court. In criminal court, the person is tried and punished according to the laws of the state and may have to pay a fine or serve time in prison. However, the goal of criminal court is not to compensate the plaintiff for their losses, it is only to punish the accused according to the laws of the state.
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