Marin County Slip and Fall Lawyer
The Law Offices of Craig Dykman provides professional legal defense for slip and fall victims in Marin County. We seek to educate our Marin clients. We’ve provided you with information on slip and fall claims so that you understand your legal rights and responsibilities.
What is a Slip and Fall?
A slip and fall is a claim or case for when a person slips (or trips) and falls. People can slip and fall on a dangerous floor, flight of stairs or rough patch of ground. The slip and fall attorney is responsible for proving that the property owner was negligent by allowing some dangerous condition to exist and that the claimant was not at fault.
Property owners need to be careful in keeping up their property. Cases often hinge on whether or not a property owner was careful and took precautions to prevent slipping and falling and whether you were careless in not avoiding the thing that you fell over.
Is the Property Owner Liable?
One of the following must be true in order for the property owner to be liable and for you to have a slip and fall claim.
- The owner of the premises or an employee must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item to be underfoot.
- Must have known the slippery or dangerous material or object was underfoot and done nothing about it.
- Should have known the slippery or dangerous material was on the floor, stair, or ground because a “reasonable” person taking care of the property would have discovered and removed or repaired it.
The third situation is the most common in slip and fall cases but it is the most difficult to prove because of the words “should have”. Determining liability in these cases is often determined by common sense. Judges and juries decide how careful the property owner was based on if they took reasonable steps to prevent slip and fall accidents.
A property owner must make regular and thorough efforts to keep their property safe and clean. There are questions that the slip and fall victim and their attorney can ask to determine if the property owner took reasonable precautions.
- If you tripped over a torn, broken or bulging area of carpet, floor, or ground, or slipped on a wet or loose area, had the dangerous spot been for enough time for the owner to know about it?
- If you tripped over or slipped on an object someone had placed or left on the floor or ground, was there a legitimate reason for that object to be there?
- If there was a good reason for an object to be on the ground or floor but there isn’t a good reason now, could the floor or ground with the object have been made safe?
- Was there a safer place that an object on the floor or ground, or could it have been placed in a safer manner without greatly inconveniencing the property owner or operator.
- Could a barrier or a warning have been placed to prevent slip and falls?
- Did broken or poor lighting contribute to the accident?
If the answer to any of these questions is yes there is a good chance that the property owner did not take reasonable precautions to prevent slip and fall accidents.
Marin County Slip and Fall Attorney
The Law Offices of Craig Dykman provides professional and courteous legal defense services for slip and fall victims in Marin County. If you have been in a slip and fall accident in Marin and believe that there was negligence on the part of the property owner please call us. We have offices in San Rafael, Petaluma, Truckee, and San Francisco.
Call the Law Offices of Craig Dykman at (415) 454-8545 or use our contact form here.