All About Hiring A California Injury Attorney For A Slip And Fall Case
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California Injury Attorney
If you are visiting a building or premise that belongs to someone else and you get injured because of the constructional flaws, then you would be eligible to get monetary compensation from the premise owner. Since proving the negligence or fault of the defendant in these cases is not an easy task, you are strongly recommended to first consult a California Injury Attorney in this regard. The lawyer will study your case and tell you if you have a strong ground to file a compensation claim. Slip and fall lawyers often take only those cases where they are confident of winning it. If it is a case where it is impossible to prove the injuries caused to the victim are because of the negligence act on the part of the other party, then you will have a tough time finding a good Premises Liability Lawyer. This is because attorneys that specialize in handling slip and fall cases usually work on a contingent fee basis. It means they charge their fee only after winning the case. It is in most cases a certain percentage of the total amount of compensation that is finally granted to you by the court. If you do not get anything, you have no liability to pay your lawyer's fee. Following are some of the different aspects associated with a slip and fall case.
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The Owner The Premises
The first thing that your California injury attorney will do is to find out the owner of the premises or land where the accident occurred. As per the definitions provided in the law code of the state of California, there can be three possible situations when a person may be considered as the owner of the premises. First, the person is immediately going to occupy the land or the premises and that no other person is currently in possession of it. Second, the person occupies the land and controls it. Third, the person has been in occupation of the premises and has been controlling it and nobody else shares this power with them. Cool Tools
Different Categories Of Plaintiff
After finding out the owner of the premises, your California Injury Attorney will determine which category of plaintiffs you fall into. There can be three possibilities - first, you were a trespasser; second, you were a licensee; and third, you were an invitee. If you were a trespasser and got injured, you probably do not have the right to sue the premises owner, especially if they were not aware of your presence. However, if the possessor was aware of your presence, they may be held liable for not exercising even ordinary care to warn you of any constructional danger. Your California accident lawyer will consider you as an invitee if you had been invited to enter the premises for commercial benefits to the premises owner. The possessor in such cases must provide you optimum protection by educating you on the potential constructional risks in the premises.
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A licensee is also very much like an invitee. Your California injury attorney will consider you as a licensee if you were allowed to enter the premises even though it was not for the commercial benefit to the premises owner.
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