However, the defendant might question your degree of fault as well. This is important to note. That’s because  California follows a rule of pure comparative negligence when making awards in tort damage claims. Therefore, a plaintiff’s settlement is based on each party’s level of fault. Even if you’re 99% to blame, you can still receive a small reward.

Explain Your Case to a Premises Liability Lawyer

That is why you need to fully discuss your case with a premises liability lawyer – someone who understands the tactics used by the other side in liability claims that involve slipping or tripping and falling.

For example, let’s say that you’re walking along and suddenly slip and fall on a floor that has just been waxed. In this instance, the defendant might try to reduce the burden on them by pointing at their footwear. Maybe you were wearing shoes with worn-out treads, which made it easier for you to slide and fall on the slick flooring.

If it can be proven that your fall was due to the floor as well as to the type of shoes you were wearing, you may receive a lower settlement. That’s why it’s important if you were wearing the appropriate footwear, that you preserve it for evidence. 

Therefore, if you can prove what you were wearing did not cause you to slip or trip, you may possibly end up with a bigger settlement.

Wearing the Right Footwear

Your footwear should give you a stable footing while permitting you to walk easily and comfortably. Therefore, you should always make sure your soles have enough traction, whether you’re walking on wet or dry surfaces.

Reviewing the Footwear’s Design

In some cases, the design of the footwear may be defective. For example, “toning” shoes were once worn to support anyone working out who was attempting to tone their glutes or legs. However, because of the shoes’ design, they caused people to fall and hurt themselves.

In this type of case, the claim turns into a product liability claim where you would have to sue the shoe manufacturer.

Tread Depth

Tread depth may be factored in on some occasions. For example, even when shoes have a greater tread width and depth, they may or may not be helpful. Researchers, for instance, have discovered that treads that measure 6mm by 6mm do not prevent a person from slipping on surfaces without much friction.

Fast Food-Friendly Shoes and Flooring

In fast food restaurants, researchers found that employees who wore shoes that were made to specifically prevent slipping contributed to a reduction in slip and fall injuries.  That you should steer clear of wearing athletic shoes (sneakers) or leather footwear (street shoes) with leather soles.

Also, flooring that was slip-resistant, or which had a greater coefficient of friction, made slip-and-falls less prevalent.

Keep Your Shoes as Evidence

It’s important to keep the shoes you were wearing as evidence, as you might be able to show that residue on the soles, for example, caused you to slip, or lose your grip on the floor. Even if your shoes are worn or old, you still might be able to show that the defendant was still primarily at fault, especially if they did not place a sign about a possible falling hazard.

Keep your footwear as evidence in case the defendant uses what you were wearing to play down their responsibility in a slip or trip falling case.

The Property Owner’s Obligations

Any property owner should have a plan in force where they place a warning sign or check on surfaces to ensure they are safe.

This means checking to make sure the floors have a sufficient amount of slip resistance and that everyone can easily avoid a slippery floor, for instance, where a spill has just occurred. 

How Clothing Might Affect Your Claim

If you have a slip or trip and falling claim, the other side may also argue that the clothing you were wearing may have led to the fall.

For instance, even if your shoes have enough friction, you may have been wearing pants that slipped under your heel or caught onto the flooring. For example, maybe you were wearing pants that were longer and flared, making it easier to trip. 

In addition, your pants may have got snagged and caught onto something that caused you to fall. In this case, you and the defendant may both be found to be at fault.

What to Do If You Slipped and Tripped and Fell and Injured Yourself

Below are some tips to remember if you happen to slip or trip and get injured.

• Preserve your shoes and clothing by placing them separately in sealed plastic bags. Leave them completely alone. Do not alter anything – keep them as they were immediately after the accident.
• Take pictures of your shoes and clothing from different angles.
• Record if grease or wax, or a similar substance, got onto your soles or clothing, which caused you to slip.
• Establish and record the heel height of your shoes.
• Determine if the shoes were proper for the environment.
• See if there are any possible defects in the shoe’s design or tread.
• Check the shoes’ signs of wear and tread.
• Take pictures of the injury site to show that your footwear or clothing had minimal roles in the cause of your accident.
• See a doctor the same day to ensure you’re alright and to have the needed evidence to prove you were injured.

Contact Jance M. Weberman to Discuss Your Slip and Trip or Fall Case Today

To ensure you receive a fair settlement for your slip or trip and fall case,  you need to talk to a premises liability lawyer and personal injury advisor. Contact Jance M. Weberman at (213) 386-9100 or through our contact form, to schedule a consultation today.

The post How Your Shoes Can Affect a Slip or Trip and Fall Case Settlement appeared first on Jance Weberman | Winning Los Angeles Lawyer.

How a Premises Liability Lawyer Determines Whether or Not You Can Submit a Claim

When filing a premises liability lawsuit, the following criteria must be met. 

• The defendant in the lawsuit must own or possess the premises, or land in the claim.
• The plaintiff must be a licensee, or invitee, or may even have trespassed on the property. Therefore, the proprietor is liable if someone is injured while on his or her property. It does not matter if the proprietor asked or did not ask the injured party to access their property. If he or she did not show a duty of care, it is possible to sue them.
• The premises liability lawyer must show negligence or that the proprietor breached his or her duty of care, which led to an injury.

Not Every Trespasser Can File a Claim

Not every trespasser can sue a property owner in a premises liability lawsuit, as trespassing is also illegal. In accordance with Penal Code 602 in California, trespassing is considered a misdemeanor. Moreover, if the trespasser removes any markings or boundaries that clearly show the property’s limits, they are clearly violating the no-trespassing law.

In these cases, the property owner is showing a duty of care to protect, not only their property but anyone who enters the land. In most cases, anyone breaking the law waives their right in receiving compensation. However, if the premises on which he or she trespasses is proven unsafe, or is not clearly marked, the trespasser, in some cases, may file a lawsuit.

For example, if a trespasser enters a land that does not show any signs that forbid trespassing or does not restrict access with barriers or fences, he or she may assert they entered the property by accident. 

While this type of situation probably will not happen in more congested areas, where fences and signs are often installed or posted, it may happen in more remote areas. Therefore, property owners should post signs and establish boundaries to prevent trespassing on lands that cover a large area. 

For example, if someone unknowingly trespasses on a property where no boundaries have been established or warnings posted, he or she may sue the property owner with the support of a premises liability lawyer. 

A property owner is obligated to keep people from harm–even if they trespass–so that they do not potentially get injured.

If a property is clearly marked with stakes and signs or fencing, or the property owner has given express directions to certain people not to enter the property, then a trespasser cannot sue for damages. However, you still need to consult with a premises liability attorney to make sure of your specific rights.

Hazards that May Lead to a Lawsuit

Whether you are invited or trespass on a property, the owner must provide a reasonable level of safety, which is known as a duty of care. If a danger on the property has not been clearly indicated and a trespasser gets hurt, he or she may be able to sue the owner. In these cases, unmarked hazards may include a pit, ravine, ditch, trench, or hidden debris.

Therefore, it’s not enough to mark the property’s boundaries, the owner must also warn anyone who enters the property of certain dangers, or fence off the hazards. Doing so will prevent issues with liability if a trespasser gets injured or unexpectedly hurt.

How the Law Defines Trespassers

Legally, two trespassers are defined under the premises liability law in California. A discovered trespasser is someone who accesses a property without the express or implied invitation of a property owner but whose presence is still known to the owner.

An undiscovered trespasser also enters a property without express or implied consent, but the property owner does not know of his or her presence. 

Again, whether a trespasser is undiscovered or discovered, the owner of the property still owes a duty of care. That is why it is imperative that property owners maintain their property so it is safe – even to trespassers.

The Attractive Nuisance Doctrine

In some cases, a property owner may be liable if children trespass on his or her property and are attracted to certain objects. Under the attractive nuisance doctrine, this may hold true if children, for example, are attracted to exploring items in a junkyard. If the junkyard is not properly maintained or fenced off, it can increase the child’s risk for injury.

According to the Legal Information Institute (LII) at the Cornell Law School, the attractive nuisance doctrine applies to children who are too young to understand the potential risks of objects which attract their attention, or to adults who get injured while trying to rescue a child from a property owner’s “attractive nuisance.”

Under the attractive nuisance doctrine, children are treated as invitees, not trespassers. So, a lawsuit may be filed when an attractive nuisance is present on a property.

Contact a Premises Liability Lawyer About Your Rights Today

If you have been hurt as a trespasser on a property or even if you’ve been invited and got injured, you should speak to a premises liability lawyer about your accident. Find out more about your rights. Contact Jance M. Weberman Law, a Professional Law Corp. at (213) 386-9100 now.

The post What Are Your Rights if You Trespass on a Property and Get Hurt? appeared first on Jance Weberman | Winning Los Angeles Lawyer.