Manhattan Beach, CA asked in Appeals / Appellate Law and Personal Injury for California

Q: In a civil slip and fall case, do I have a 51% chance to win an appeal that has a video of the incident?

3 Lawyer Answers
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: Chances of winning depends on facts, including what's on the video. Since you haven't provided any facts, or video, it's impossible to say who would win.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: it is impossible to say without knowing all the facts.

the issue is not just whether you slipped and fell but rather what caused it.

you have to show negligence.......not that you S&F.

The law on S&F started in the old west when someone exiting saloon slipped on banana peel.

the court determined if it was black and gritty it is reasonable to assume it had been there for awhile. If it was greenish it is more likely someone just dropped it.

Stores have sweep sheets showing little billy swept aisle 2 at 7pm.............if that aisle is not swept/cleaned for 2 days that is not reasonable and the store would probably be liable.

However it is NOT strict liability. The store c/n be responsible for a customer who is drinking a coke and spills it and the store is not notified and you S&F......it would rest on notice.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Sacramento, CA
  • Licensed in California

A: It's basically impossible to answer such a question. Did you have an attorney? Did you lose at trial? If you want some better advice then you should consult with a local attorney with all the facts presented.

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