What Must You Prove in a Premises Liability Claim?
A fall on someone else’s property does not itself prove negligence. What usually decides a premises case is notice: whether the owner knew about the hazard, or should have discovered it through reasonable care, before it caused your injury.
The question of notice is often the center of a slip and fall case. In Burbank, our slip and fall lawyer gathers maintenance records and surveillance video to show how long a hazard was present and whether the owner had a reasonable chance to fix it before it caused your injury. Timing matters because security cameras often record over video within days, and a business’s incident records can disappear. Acting quickly allows our attorney to send a preservation request before that evidence is gone.
How Comparative Fault Can Affect Your Recovery
The state follows a pure comparative fault rule, so a property owner will often argue that you share some blame for the fall, perhaps by not watching where you were walking or by ignoring a posted warning. If a jury assigns you part of the fault, the court reduces your percentage of recovery, though they do not bar you from recovering.
Because these arguments are common in premises liability cases in Burbank, our slip and fall attorney works to clearly document the hazard and counter attempts to shift responsibility onto the injured person. In practice, that means showing what a reasonable visitor would have done and why the property condition, rather than the visitor, caused the fall.
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