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How to Prove Negligence in Slip and Fall Accidents

Posted by attorney Rodney Mesriani

One of the most common personal injury lawsuits filed in Los Angeles are due to trip, slip and fall accidents on private property. Under the law, private property owners have the responsibility to keep the premises of their property safe for expected visitors. The law also requires property owners to inform expected visitors about known dangerous conditions within the premises.

To know more about your options after a slip and fall accident, you should consult a Los Angeles personal injury lawyer who specializes in premises liability law. There most common way to prove liability in trip, slip and fall accidents is proving negligence on the part of the property owner. How to prove negligence To prove negligence in a premises liability case, you have to prove the following elements: 1. The property owner owes you a duty of care. The property owner owes you the duty to keep the premises if his property safe as long as you are in the premises for his benefit or if you have permission to be in the premises. Trespassers generally are not owed any duty of care but there are some exemptions, consult your Los Angeles personal injury attorney for that. 2. The property owner failed to fulfill that duty If the property owner failed to keep the premises safe then it can be said that he has been negligent. 3. You were injured You now have to prove that the failure of the property owner to fulfill his duty of care resulted in the dangerous condition, which led to the slip and fall accident that injured you. You have to prove that if not for the presence of the dangerous condition, your injuries would not have occurred. That is what you call proximate cause. 4. You sustained damages After you show that the property owner’s negligence led to your injuries, you have to show that losses you sustained. This includes monetary losses such as: • Medical expenses including doctor’s fees, medications and treatments • Future medical expenses such as continuous medication, rehabilitation and even corrective surgery. • Lost income due to missed hours of work or lost job. You can also collect intangible losses such as: • Emotional distress • Mental anguish • Pain and suffering

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