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How negligence can influence a slip-and-fall legal claim

| Mar 25, 2021 | Personal Injury

Slip-and-fall accidents can cause serious injuries to victims in Northern California. When an individual suffers harm on the property of another party, they may have the option to pursue their damages from the other party if that party was negligent in the maintenance of their property. Negligence is a fundamental principle across personal injury law and often a critical component of slip-and-fall claims.

Negligence and its elements will be discussed in this post, in addition to how it may present itself in slip-and-fall accidents. While readers are encouraged to learn from this post’s contents, they are reminded that now legal advice is conveyed herein. They may take their questions and concerns to their local personal injury attorneys for guidance and representation.

What is negligence?

Negligence is a foundational theory in personal injury or tort law. It is based on the premise that a reasonable person of average intelligence would act a certain way in any given situation. When a person does not act as a reasonable person would in their set of circumstances, they may be found to have acted negligently.

A claim of negligence requires proof of specific elements. Those elements can include a duty between the victim and the negligent party, a breach of that duty, causation between the actions of the responsible party and the victim’s losses, and damages suffered by the victim. Building a case for negligence is often fact-dependent and claim-specific.

How can property owners be negligent?

There are many ways that negligence regarding the care and maintenance of properties can result in injuries by victims. When a property owner fails to fix broken steps, neglects to repair lose floor coverings, or does not provide adequate lighting for individuals safely move about the grounds, they may be responsible for their victims’ losses. Both private and public parties can be sued for negligence in the context of property claims, and victims of slip-and-fall accidents can protect their interests and rights by consulting with trusted legal representatives after suffering property-based injuries.