Different Types of Personal Injury Law
Premises liability refers to cases involving people who have been injured on another person’s property. A slip and fall injury can happen while shopping at the local supermarket, visiting the bank or even at work. Property owners are legally responsible to keep their premises safe from hazards. The most common injuries occur when wet liquids are spilled. Storeowners have a legal duty to clean up these messes within a reasonable period of time. Employees should mop up the spill and then place warning signs or cones around the area to alert shoppers to the potential hazard.
California’s Comparative Negligence Rule
The key factor in personal injury law requires the ability to determine which party is negligent. This establishes fault and whoever is found to be liable will end up paying damages. It becomes more complicated when figuring out how blame is assigned. The State of California follows the legal theory of pure comparative negligence. A percentage of fault is assigned to each party responsible. For example, let’s say that an individual is texting on their mobile phone while walking through the grocery store. Wet produce is clearly visible on the floor but the person slips and falls anyway because they were not watching where they were going. They would be partially responsible for the slip and fall injury claim. Pure comparative negligence allows the injured person to collect damages but the amount of compensation reduced by the percentage they were at fault. If the plaintiff is suing for $100,000 but he or she is 50 percent to blame, only $50,000 in damages can be recovered in the personal injury claim.
Time Limit in Filing a Personal Injury Claim
The law limits the amount of time in which the plaintiff has to file a claim. In the State of California, a personal injury case must be filed within two years from the date the victim was injured. However, this statute of limitations can be extended in certain cases. Minors must begin litigation within two years of his or her eighteenth birthday, except in medical malpractice cases. Sometimes people may not discover the cause of their injury. The discovery rule permits a lawsuit to be filed within a certain timeframe once the injury is discovered.
When to Consult a California Personal Injury Lawyer
Each type of slip and fall injury case has its own unique set of circumstances. People have sustained serious injuries that have left them temporarily or permanently disabled. There are serious legal issues that must be examined. If you have been the victim of a slip and fall injury, contact Ben Cohen lawyers who have experience in handling personal injury claims. They will make sure you get the compensation you are entitled to receive for your injuries.