A trip and fall can be a minor accident, or it can lead to significant life changes. If you are injured when you slip and fall on a rental property in Fresno, certain factors must be present to build a successful liability case. You also need to be aware of the statute of limitations regarding slip and fall laws in California and “shared fault” rules.
Trip and Fall Statute of Limitations
In Fresno, as well as throughout the state of California there is a statute of limitations on filing a lawsuit. In the case of a slip or trip and fall, you have two years from the date the injury was incurred. After that time frame, you no longer have a valid case. The statute of limitations is in place to prevent people from waiting for years before filing. In some instances a person may have an injury that is not detected right away; however, even if there is a hint of an injury, it is always best to be seen by a doctor as soon as possible.
California’s Shared Fault Rule in Fresno
While you may feel that your injury is entirely the responsibility of the owner of the rental property, especially if it is poorly maintained, that may not be the case. In California, there is a “shared fault rule” which means that you may be held partially to blame for your injuries.
Also known as “pure comparative negligence,” this rule can affect the amount of damages you receive. For example, if you are found 20% responsible for tripping and falling, that is the amount by which your compensation will be lowered. If you were to receive $100,000 for your injuries, under this rule, you would instead receive $80,000.
In the case where the rental property is poorly maintained, depending on your familiarity with the property, it could be argued that you were somewhat at fault because you knew of the hazards. An experienced attorney would be helpful in such a case. Injury is not the only issue. If the property has been poorly maintained, the owner should have known about the hazards and remedied them in a timely fashion.
Enlist the help of an experienced lawyer for your personal injury case. At Maison Law Firm, we get paid when we win. We aim to help our clients get the compensation they deserve for their losses. Our service area includes Visalia, Merced, Bakersfield, and Fresno. Call 559-203-3333 to schedule your initial consultation with us or contact us through email, martin@maisonlaw.com.
