If you sustain an injury following a slip-and-fall accident, you may consider filing a premises liability lawsuit against the property owner so you can recover compensation for the damages incurred. Under California laws, property owners have a certain obligation to keep their premises reasonably safe for visitors and guests.
However, it helps to understand some of the reasons the defendant and their insurance company could use to deny your claim. Here are two reasons why your slip-and-fall claim can be denied or devalued:
A lack of evidence that connects the owner’s negligence to your fall
A property owner owes their visitors a duty of care, and a breach of this duty may form the basis for filing a premises liability lawsuit. This means the property owner has a legal duty to provide a safe environment to visitors by fixing potential hazards or providing adequate warnings about the danger.
Evidence like the incident report filed by the store owner, CCTV footage, photos and your medical records can help strengthen your case should the matter end up in court.
Missing crucial deadlines when you pursue your claim
Even if you can link the defendant to the slip-and-fall accident, your claim may be dismissed if you fail to file your lawsuit in time. This has to do with the state’s statute of limitations.
In California, you have two years from the date of your injury to file a premises liability lawsuit against the defendant. If the defendant is a government agency, then the statute of limitation period reduces to six months. If you don’t
A slip-and-fall accident can leave disoriented and hurt. Find out how you can safeguard your rights while pursuing a premises liability lawsuit in California.