Legally reviewed by:
Setareh Law
September 13, 2024

It’s a day that no one ever imagines will come. You receive a call, and the voice on the other end delivers the worst news of your life: a loved one has tragically passed away after a slip-and-fall accident. Grief overtakes you, but soon, a question surfaces – was this accident preventable? As you sift through the details, it becomes clear that someone’s negligence may have contributed to this unimaginable loss. Now, amid the grief and the chaos, you find yourself wanting to pursue justice for your loved one, but you’re unsure of where to begin.

The first step in a successful wrongful death lawsuit is to establish that negligent behavior is what led to a slip-and-fall accident. Setareh Law’s skilled California wrongful death attorneys are ready to explain the legal elements required to establish fault and what challenges often arise in these slip-and-fall cases. 

How to Demonstrate Negligence in a Wrongful Death Case Involving a Slip-and-Fall Accident

In a California wrongful death case, proving negligence requires establishing four key elements:

1. Duty of Care

Property owners or occupiers generally have the responsibility to ensure their premises are safe for visitors. That includes regularly inspecting the property, repairing hazardous conditions, and warning visitors of potential dangers.

2. Breach of Duty

After establishing a duty of care, it’s necessary to demonstrate that the property owner failed to uphold that responsibility. That could involve failing to repair a broken step or neglecting to clean up a spill. The breach must be something that a reasonable person in the same situation would not have done.

3. Causation

Once you’ve shown that the duty of care was violated, you must then prove that this breach directly led to the slip-and-fall accident that caused the death. Often a more challenging aspect of a wrongful death case, the defendant may argue that other factors contributed to the accident.

4. Damages

Lastly, the plaintiff must prove that the breach of duty caused specific damages, such as the loss of life and the subsequent emotional and financial toll on the deceased’s family.

With a commitment to helping families secure the justice they deserve, Setareh Law’s seasoned wrongful death attorneys work diligently to investigate every aspect of the case, gathering evidence, consulting with experts, and building a strong argument that holds the negligent party accountable.

Possible Damages in California Wrongful Death Lawsuits

Several types of damages are frequently sought in wrongful death cases involving a slip-and-fall accident, reflecting the economic and emotional losses endured by the surviving loved ones.

These damages may include:

  • Lost income and financial support
  • Funeral and burial costs
  • Loss of companionship and consortium
  • Loss of parental guidance
  • Emotional distress and mental anguish

Choosing a wrongful death attorney from Setareh Law means you’ll have a dedicated legal team supporting you and working tirelessly to secure the justice your loved one deserves. Don’t wait to explore your legal options and the potential compensation available to your family.

Speak With a Seasoned California Wrongful Death Lawyer Today

Losing a loved one in a slip-and-fall accident can be earth-shattering, especially if you suspect negligence played a role. The legal process to secure compensation that your family deserves can be challenging at any time, but especially when you’re grieving. However, with the proper support, you can hold responsible parties accountable and help prevent future tragedies caused by an individual’s negligence.

At Setareh Law, we recognize the challenges of pursuing a wrongful death claim and take great pride in standing by your side when you need it most. Get in touch with us today by calling (310) 659-1826 or contacting us online to have our skilled California wrongful death attorneys fighting for your rights.