California Slip and Fall Lawyers
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Our California Slip And Fall Lawyers Are Here To Help After An Injury
Many devastating injuries can result from a slip and fall accident. If you’ve suffered broken bones, soft tissue damage, brain trauma, or other serious injuries in such an accident, our California slip and fall lawyers can help. We work alongside you in pursuing compensation for your medical expenses, lost wages, and other damages related to your injuries. Call us at (888) 488-1391 for a free, no-obligation case evaluation.
California slip and fall lawyers represent clients who were injured while on the property of another person or party. If you decide to work with us, our injury lawyers will assume communication with insurance companies to help you protect your claim.
Negligence In Slip-And-Fall Accidents
California civil laws that address slip and falls are complicated. With that said, our slip-and-fall lawyers in California can help you pursue fair compensation, depending on the circumstances of your case and the law. Whether a spill caused your fall, poorly maintained stairs or railings, or even structural defects, Arash Law offers legal assistance.
Slip and fall accidents are categorized as premises liability accidents. However, not every fall arises out of a liability. Victims may seek damages from incidents that were caused by the negligence of another party. According to California law, someone can be negligent in causing a slip and fall if:
- The individual is aware, or through the exercise of reasonable care, should have been aware of a hazardous condition on property owned or controlled by them.
- The individual failed to repair, protect against, or provide adequate warning of the hazardous condition.
- The individual’s failure caused the slip and fall injury.
- The victim’s injuries led to their damages.
Common causes of slip and fall liability in California include:
- Spills of liquid or other slippery substances
- Wet floors from leaks or cleaning
- Plumbing leaks
- Loose carpeting
- Uneven floors
- Uncovered cables and cords
- Broken or missing railings
- Broken furniture
- Failure to rope off construction sites
- Failure to put up warning signs about known hazards
Slip and Fall
$3,000,000.00
Settlement in a slip and fall case versus Jiffy Lube; client suffered spinal injuries.– Judd Ross Allen
Common Injuries Caused By Slip And Fall Accidents
Slip and fall injuries can be minor to severe or even permanent and debilitating. Slip and fall accidents often happen with little to no warning, gaining the ability to change your life at a moment’s notice, therefore causing substantial pain and hardship.
Here are the most common slip and fall accident injuries our California slip and fall lawyers help address in a claim:
Broken Bones
Slips and falls can easily lead to broken bones nearly anywhere in the body. Some are minor fractures, while others might require external or internal fixation and surgery. Broken bones can also cause harm to the surrounding tissues, resulting in chronic pain. If you feel a sharp pain in a bone or a joint area or notice swelling or bleeding, seek medical care as soon as possible.
Soft Tissue Injuries
Sometimes, individuals who experience a slip and fall feel fine afterward. However, some injuries, like ligament tears or sprains, don’t always show symptoms. Chronic pain can result if these types of injuries aren’t treated. You may not have symptoms for a while after your fall, making it all the more important to receive a check-up by a medical professional.
Spinal Cord Injuries (SCI)
Traumatic slips and falls can cause spinal cord injuries. These are life-changing injuries that need immediate medical attention for the best outcome. Severe SCIs can cause paralysis with the need for expensive and lengthy treatments.
Head Injuries
If you hit your head during or when you fall, it’s imperative that you get medical treatment immediately. Even if you feel fine and don’t see any obvious injuries, you could suffer from a minor concussion or even a serious brain injury. Traumatic brain injuries (TBI) can have extremely concerning health implications. Just because symptoms aren’t readily apparent doesn’t mean that you haven’t suffered a severe injury. Typical concussion symptoms include:
- Headache
- Dizziness
- Difficulty thinking
- Difficulty with balance
- Confusion
- Feeling sluggish or groggy
- Nausea or vomiting
Cuts And Bruises
Cuts and bruises are the most common injuries people sustain in slip and fall accidents. Although they might seem minor, some cuts can be so deep that they require stitches. Some may even lead to permanent scarring.
California Slip And Fall Attorneys Understand Civil Laws
Suppose unsafe conditions or hazards on someone else’s property caused you to slip and fall. In that case, you need guidance from a California attorney with experience in these types of cases. A California slip and fall accident lawyer from our personal injury firm can assess the details of your case to determine if you can seek compensation for your injuries.
Slip and fall accidents are categorized as premises liability torts. People who suffer a personal injury because of negligent property owners can pursue compensation for their damages under California’s premises liability laws. According to California Civil Jury Instruction 1000, the following must apply to the case for the injured party to receive compensation:
- The at-fault party owned, leased, or controlled the property.
- The at-fault party was negligent in their care for or use of the property.
- Someone suffered an injury.
- The at-fault party’s negligence was a substantial factor in causing their injury.
- The injured party’s injuries caused their damages.
What If A City, County, Or Other Public Agency Is Liable For My Slip And Fall Injury?
Even if a public agency or government entity is the responsible party for your slip and fall injuries, you still have a right to seek compensation. Cities, counties, and other agencies are required to keep their property, including facilities, parks and playgrounds, streets and roadways, and bushes, trees, and landscaping on public properties free of dangerous conditions. Public agencies can include:
- Mass transit
- Public colleges and universities
- Public schools
- Sanitation and water districts
- Fire and police departments
- Public hospitals
- State agencies
Suppose the governmental entity or agency doesn’t keep its property clear of dangers, and someone sustains a serious injury. In that case, they can be at fault or legally responsible and required to pay damages.
Two important notes on slip and fall lawsuits against the government:
- California’s deadline to file a lawsuit, known as a statute of limitations against a public agency, is markedly short. If you are injured on public property, consider consulting with California slip and fall lawyers. Injured individuals must file a claim within six months of the slip and fall injury or risk losing their right to pursue compensation for their damages.
- Many California cities and counties have ordinances requiring property owners adjacent to a sidewalk to maintain it in a safe condition. If the adjoining landowner is a public entity, it’s their responsibility to keep it safe.
How Do I Know If I Have A Valid Slip-And-Fall Injury Case?
While all slip and falls are unfortunate, not all people injured by one are eligible to pursue damages from the property owner. Regardless of the severity of the injury, they only have a valid case if:
- The at-fault party owned, controlled, or occupied the property where the slip and fall occurred.
- The at-fault party was negligent in the use or maintenance of the premises.
- Their negligence was a significant factor in causing the injury.
A negligent property owner is someone who failed to use reasonable care under the circumstances. They knew or should have been aware that their actions or failure to act could cause a foreseeable injury to another person.
For instance, slips and falls often happen in convenience stores and supermarkets. Customers frequently spill milk, soda, wine, and other types of liquid in the aisles. If one customer spills something and another customer immediately falls on the wet floor, unfortunately, there’s no basis for a personal injury claim. The store’s employees or manager wouldn’t have had sufficient time to realize a spill had occurred and taken steps to prevent injury.
However, suppose the person who spilled the liquid had notified an employee. The employee decided to take a break and clean it up later. In this case, the store would be liable for the injuries that resulted. The store employee acted negligently by not immediately cleaning up the spill or placing a visible warning to keep other customers away.
Sometimes, an injured party can rely on statutes and building codes to show that the property owner was negligent. These types of laws mandate where handrails and other safety features must be installed. If someone fell on a stairway that didn’t have handrails that were up to code, they could have a valid claim against the property owner arising from the building code violation.
Do You Have To Show That The Property Owner Knew Of The Dangerous Condition?
Generally, the answer is no. Sometimes the evidence will show that the property owner or controller had knowledge of the hazard and simply didn’t do anything about it. Even if they claim that they weren’t aware of the dangerous condition, it’s not a reliable defense.
Property owners must inspect their property or take other actions to monitor the property for safety issues. The law states that they must:
- Use reasonable care to notice any unsafe conditions.
- Make necessary repairs or replacements to maintain safe conditions.
- Provide adequate warning of anything that could cause harm to others legally on the property.
If they fail to take one or more of these actions, they can be held liable for the damages they cause. For example, a prudent landlord or property manager has their gutters inspected and cleaned routinely. Regular cleaning is especially critical in areas where trees and other foliage can drop debris onto the roof and clog the gutters. If this service isn’t performed routinely, clogged gutters can cause substantial amounts of water to run off a building and onto nearby walkways instead of down the drainpipes where it should go.
If a tenant or guest falls on the slippery pavement after a rainstorm, the landlord could be liable if they’ve failed to perform this type of preventative maintenance. Even though the landlord may not have known at the time about the gutters flooding, a reasonable person would know that the gutters need routine cleaning to avoid this hazard.
If a tenant notices a hazardous condition, they should notify the property manager or landlord so that they can take care of the problem without anyone getting hurt. However, if someone notifies the landlord or property manager about such a condition and the landlord refuses to fix the problem or at least warn others about it, there’s no arguing that they were aware that the condition existed.
Settlement in a slip and fall case versus apartment complex; client suffered spinal and shoulder injuries– JUDD ROSS ALLEN
Potential Damages In A Slip-and-Fall Accident Claim
The type and amount of recoverable damages vary by case. Once you retain the services of our California slip and fall lawyers, we will examine your medical records, bills for your slip and fall accident-related expenses, and additional evidence that you have collected. After assessing each of these, we can determine the types of damages you might be able to pursue. In the state of California, slip and fall claimants can seek damages, such as:
- Economic Damages — Also referred to as special damages, these include past and future medical expenses, lost wages, decreased earning capacity, and other quantitatively confirmable expenses you have incurred or might incur in the future because of your injuries.
- Non-economic Damages — These are also known as general damages. They can include pain and suffering, loss of consortium, loss of enjoyment of life, disability, scarring, and disfigurement. General damages are inherently harder to prove and to put a price tag on.
- Exemplary Damages — Frequently called “punitive” damages, these are assigned to punish the at-fault party for their shockingly bad behavior that led to their malice, fraud, or oppression.
Many factors can impact the type and amount of damages you can seek, including:
- The severity of your injuries.
- The amount of income you lost during your recovery.
- If you will be able to return to work in the future.
- The impact of your injuries on your relationships.
- The limits of any applicable insurance policies.
- The quality of the evidence in your case.
Our California slip and fall lawyers can help evaluate and calculate the damages related to your case, including potentially recoverable losses, and assist you throughout the claims process.
What Is The Deadline To File A Slip And Fall Lawsuit In California?
The statute of limitations or deadline for filing a legal case for a slip and fall in California is generally two years from the accident date. Under some circumstances, the statute of limitations can be “tolled” or paused in cases where the at-fault party is out of state for a period of time or if the injured individual is a minor child under 18. Once they are familiar with the situation surrounding your slip and fall, our California slip-and-fall lawyers can advise you as to how long you have to sue after your injury accident.
How Can I Strengthen My California Slip And Fall Claim?
There are many critical steps you should take after your fall. These steps are essential in the following hours and days (as well as weeks and months) to strengthen your case. Those steps include:
- Journaling the sequence of events that led to your slip and fall, including details about where it happened, if the ground was wet, the lighting conditions present, and the weather conditions at the time.
- Taking time-stamped pictures of the scene before the property owner or controller has a chance to fix the hazard that led to your slip and fall.
- Taking pictures of your injuries.
- Report the incident to the property owner or manager, and be sure to request a copy of the completed incident report.
- Placing the shoes and clothing you were wearing at the time of the fall in a safe place in case the at-fault party contends that your footwear contributed to your fall.
- Obtaining the contact information of any witnesses.
- Receiving medical attention as soon as possible.
- Continue to follow medical advice and get follow-up treatments and exams as you are instructed.
- Do not talk to the insurance adjuster, since you might unintentionally say something to harm your case.
- Consult with California slip and fall lawyers to learn how to proceed with your claim.
Establishing Negligence In A Slip And Fall Case
A California slip and fall claim hinges on whether or not the property owner was negligent in their care or use of the property. According to California Civil Jury Instruction 1003, the determining factors are:
- When a condition creates an unreasonable risk of harm.
- If the property owner knew or should have reasonably known about it.
- The defendant failed to repair or warn of the condition.
For instance, if milk is spilled in a grocery store, the store owner is undoubtedly the owner of the property. There’s no debating that a spill creates an unreasonable risk of harm, as shoppers don’t anticipate wet spots on the floor while shopping. The store has many employees and also has security cameras. As such, it’s reasonable to expect that the spill would be promptly detected and cleaned. If all of these factors are true, there’s a strong premises liability case for the injured party.
How A California Slip And Fall Attorney Can Help Your Claim
If you suffered a slip and fall injury, there are some rough waters ahead. Our California slip and fall lawyers know how important a detailed investigation is. We will thoroughly evaluate the circumstances to support your claim for fair compensation for your damages.
An experienced California slip and fall lawyer knows how crucial financial compensation is, considering all of your medical bills, rehabilitation expenses, and lost wages. The attorneys at Arash Law will diligently strive to help you seek a fair settlement to the extent that California personal injury laws allow.
Speak With Our Skilled California Slip And Fall Lawyers
Slip and fall accidents can take a significant physical, mental, and emotional toll on you and your family members. You may need to retain a California slip and fall lawyer who will take the time to get to know you and the circumstances that resulted in your slip-and-fall, and who is well-versed in your potential options for seeking compensation.
In the rare event of a trial, our seasoned litigation team will stand by your side to present your case to the jury. We have clients all over the state of California, including Los Angeles, San Francisco, Riverside, San Jose, San Diego, Sacramento, and Sherman Oaks. Our multilingual staff is ready to assist injured clients who need our help but don’t speak English.
Call (888) 488-1391 or complete our “Do I Have A Case?” form for a free initial case review. Whether you have been in an auto accident, motorcycle accident, or sustained an animal bite, or suffered the pain of a loved one’s wrongful death, our attorneys can advocate for your legal rights.
