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Many people in California and across the U.S. injure their head by slipping, tripping or falling on another’s property. Traumatic brain injuries are the worst of these types of injuries and can have long-lasting effects. TBI victims may experience mental impairment, migraines, dizziness and nausea. Below is a summary of how such victims might be able to seek compensation.
It all comes down to proving that the property owner, or the tenant of a rented property, was negligent in providing a reasonably safe environment. There must clearly have been a dangerous condition that the owner should have known about and had enough time to address. Another requirement is that victims must show that they were lawful entrants on the property and not trespassers.
Any number of dangerous conditions are conducive to TBIs. Icy sidewalks and parking lots, wet floors with no signage to serve as a warning, uneven surfaces, torn carpeting, power cords and poor lighting in stairwells are just a few examples.
Victims must prove that the condition was foreseeable and posed an unreasonable safety risk. It cannot be something that injured victims when they themselves were acting negligently, such as by running on an icy street. A reasonable safety risk would be, for example, the ice inside an ice-skating rink; no legitimate claim could arise because individuals should know to take care.
When slip-and-fall accidents result in a TBI and victims believe that the property owner is at fault, they may file a claim, but they may want an attorney by their side who knows how premises liability law works. There are a lot of requirements to meet, and there must be proof of negligence. This could be the incident report, eyewitness testimony and surveillance footage. An attorney might hire investigators to gather this information and use it during negotiations.
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