Clumsy or Careless? Your Own Actions Can Affect Your California Slip & Fall Lawsuit

You’ve had a slip and fall accident on someone else’s property. You are angry, embarrassed, and seriously injured. You want to file a California premises liability lawsuit, but you aren’t sure who was responsible for the fall—and, what if more than one person is responsible?

Sometimes slip and fall victims blame themselves for an accident and injury which wasn’t their fault. Other times, victims might overlook how they themselves could have helped prevent the accident from occurring. When considering a personal injury claim after a slip and fall, it is vital to take an honest look at how the accident took place.

You may be at fault, or partially at fault, for your accident if:

• You ignored a warning sign. If the property owner posted a highly visible and accurate warning sign which you didn’t heed, it may harm your injury case.
• You were intoxicated or under the influence of drugs. If you were not acting responsibly or reasonably because of drugs or alcohol, you may be partially at fault for your accident.
• You were trespassing or breaking a law. If you were committing a crime or trespassing at the time of your accident, the property owner may not be responsible for your injuries or other damages.
• You did not see an obvious hazard. If the property owner can prove that a person who was acting reasonably would have seen and avoided a hazard, then you may have difficulty proving your injury case.
• You were “fooling around,” running, or acting unreasonably. If you were rough housing, if you were in a place where a property owner wouldn’t expect you to be, or acting in a way which a property owner wouldn’t expect, he or she might not be liable for your injuries.
• You were distracted by another activity (not paying attention). If you were distracted—say, texting on your cell phone—you may be at fault for your fall. However, if you were distracted by something on the property, you may have a stronger case.

It is important to understand that simply because you may have been partially at fault for your fall does not necessarily mean you don’t have an injury case. It is possible the property owner also was careless or negligent. The single best way to understand whether you have a case is to speak with an attorney. At Russell & Lazarus, our Orange County slip and fall attorneys offer injury victims a free, private consultation and case review. To schedule yours, call (949) 851-0222 today.