Establishing Liability in Modesto Slip and Fall Claims

Establishing liability in Modesto slip and fall claims is a critical component of optimal outcomes. Slipping and falling as a result of a negligent property owner puts you in a very difficult position, and obtaining the compensation you deserve is important to your recovery.

To bring a strong claim, you need an experienced slip and fall attorney’s support. At Curtis Legal Group, we care about you and your claim and could work diligently on your behalf.

How Does Liability Work in Slip and Fall Claims?

Legal liability refers to a property owner’s breached duty of care under California Civil Code § 1714. Proving liability means establishing that the property owner knew or reasonably should have known that their premises posed a slip and fall hazard. This can be accomplished by proving either actual or constructive notice.

Actual Notice

Actual notice means that the property owner had direct knowledge of the hazard in question. For example, if a store owner is informed by an employee or customer of a spill in aisle five, they have direct knowledge of a risk factor that could cause a slip and fall accident. In the case of a private property owner, avoiding a crack in the porch every time they enter or exit their home is a clear example of actual notice.

Constructive Notice

Constructive notice is not as specific or direct as actual notice. Property owners have constructive notice of slipping hazards when the involved risk has been present for so long that they reasonably should know about it.

Constructive notice applies more specifically to commercial property owners who are required to regularly inspect their premises for risks that relate to slip and fall accidents and other dangers. Private property owners do not share this same responsibility to inspect, so proving liability in slip and fall claims against private property owners in Modesto usually involves actual notice.

Establishing That the Property Owner Owed You a Duty of Care

Demonstrating that the Modesto property owner is liable in your slip and fall accident case means proving that they had a responsibility regarding your safety. This duty of care applies to commercial property owners whenever each of the following factors applies:

• You were on their property legally, which means that you were a guest, visitor, or customer and were not trespassing
• The property owner knew about or reasonably should have known about the slip and fall hazard
• The property owner failed to effectively address the concern in question, which means implementing the same level of care that other reasonable property owners would demonstrate under similar circumstances
• You slipped, fell, and suffered an injury as a direct result of the property owner’s failure to uphold their duty of care

If your claim effectively demonstrates that each of these factors is true, you have established the property owner’s liability. Partnering with a skilled lawyer early on could help you build a strong, well-supported case.

Contact a Modesto Lawyer for Help Proving Liability in Your Slip and Fall Case

Establishing liability in Modesto slip and fall claims is a challenging legal matter. Our attorneys at Curtis Legal Group are committed to clearly demonstrating that you suffered serious losses as a result of the at-fault property owner’s breached duty of care. The outcome of your claim is important to your ability to recover your health and well-being. Contact us online or call our firm today for more information about what we could do to help you.