California Slip And Fall Lawyers
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Practical Legal Help After An Injury From Our California Slip And Fall Lawyers
You probably don’t give slip and fall accidents a great deal of thought. The fact is, however, that slips and falls are often dangerous accidents that can lead to injuries. When you slip and fall in a store, restaurant, or other public place, you may be inclined to blame your clumsiness and quietly sneak away in embarrassment. If someone else’s actions or failure to act created the conditions that caused your slip and fall injury, you may benefit from the legal guidance of a California slip and fall lawyer.
Often, slip and fall accidents are caused by a slippery common area, by a debris-strewn walkway, by a spilled liquid, or by the dangerous effects of inclement weather that aren’t adequately cleared away. When you enter a store or restaurant as a guest, you expect to be reasonably safe on the premises.
If you are injured in a slip and fall, it can be painful and disruptive, and it may also result in medical expenses and lost income. Our experienced California slip and fall lawyer can work to protect your rights throughout the claims process. To learn more, you may call us at (888) 488-1391. We also offer a free case evaluation.
What Are "Slip and Fall" Accidents?
As the name implies, a slip and fall is an accident in which a person slips on something in his or her path and falls in the process. The fact is that falls can cause serious injuries, and such accidents should never be discredited. Often, slips and falls happen in the stores we shop in, in the restaurants we frequent, or in their attendant parking lots. When you are on foot and heading into a store from your vehicle or in a store or restaurant, you probably aren’t overly concerned about your safety because, after all, you are a welcome guest in a public space. Slip and fall accidents, however, are common.
Common Causes Of Slip And Fall Accidents
- Walkways, entryways, sidewalks, aisles, or corridors that are uneven, cracked, broken, or crooked.
- Common areas of stores or restaurants that have precarious, haphazard, poorly placed, or otherwise dangerous advertisements, displays, shelving, seating, or other obstacles.
- Wet, slippery, or oily walking surfaces.
- Flooring or carpeting that is rough, frayed, torn, worn, or bunched.
- Spills and debris that are a regular part of a business’s routine but that aren’t adequately tended to.
- Inadequate, and thus dangerous, lighting.
- Slippery weather conditions that are tracked inside, including ice, rain, snow, or leaves.
- Outside walkways that aren’t cleared of ice, snow, leaves, and debris.
Every slip and fall accident is unique in its own set of circumstances. When stores and restaurants don’t make the necessary effort to keep their customers safe, they increase the chances that a slip and fall will occur. For example, failing to put up a warning sign when there is a slipping hazard afoot can make a slip and fall that much more likely.
Important Slip And Fall Statistics
Injuries caused by slip and fall accidents are probably a lot more common than you realize. The Centers for Disease Control and Prevention shares a variety of important related statistics:
- One out of every five falls leads to a serious injury, like a broken bone or head injury.
- More than 800,000 people are hospitalized every year as a result of falls, and most of these hospitalizations involve a head injury or a hip fracture.
- Over 95 percent of hip fractures are the result of falls (usually falls to the side).
- The most common cause of traumatic brain injuries is falls.
- The total medical cost associated with falls in 2015 was over $50 billion.
These statistics should be enough to convince anyone that slip and fall accidents are exceedingly dangerous. If you’ve slipped and fallen, it’s important to seek the medical care you may need. Remember that early diagnosis is closely associated with improved prognosis, so take your accident seriously and seek immediate medical attention.
Where Do Slips And Falls Typically Occur?
Slip and fall injuries can happen practically anywhere, but there are three categories of placement that are most commonly identified in personal injury claims:
- They created the dangerous condition that caused you to slip, fall, and injure yourself.
- They recognized the danger inherent in the condition but did nothing to rectify the situation.
- They failed to take care of the problem even though a reasonable person should have known about the dangerous condition and should have taken care of it before allowing someone to get hurt.
If the slip and fall accident occurs on residential property, the property owner or landlord may be held responsible under certain conditions:
- They knew or should have known about the lurking danger.
- They could have repaired or rectified the dangerous situation.
- They should have known that, if the dangerous situation wasn’t taken care of, an accident was foreseeable.
- They failed to take care of the dangerous situation, and you were injured as a result.
Slip and fall accidents that occur on government property raise separate issues of their own and come with their own unique rules and regulations. If a slip and fall accident on government property leaves you injured, you may need an experienced California slip and fall accident lawyer on your side.
Settlement in a slip and fall case versus Jiffy Lube; client suffered spinal injuries.
– Judd Ross Allen
Common Injuries Suffered After A Slip And Fall
Slip and fall accidents can result in different types of injuries, with some occurring more often than others:
- Broken Bones — A broken bone is an exceedingly painful injury that is slow to heal. Further, broken bones don’t always heal properly, and a poorly healed broken bone can lead to ongoing pain and can become a permanent disability. The medical costs, coupled with the lost wages associated with a broken bone, can be substancial. Never underestimate the seriousness of a broken bone.
- Spinal Cord Injuries — A spinal cord injury is an injury to the discs, vertebrae, and/or ligaments that comprise your spinal cord. Spinal cord injuries often go undetected until they develop into something more serious and more difficult to treat. If you’ve been in a slip and fall accident, it’s vital to seek immediate medical attention in order to rule out a spinal cord injury. Your spinal cord works in conjunction with your brain to make up your body’s command center, and as such, a serious injury to your spinal cord can leave you with partial or complete paralysis. Spinal cord injuries often take an extreme physical, emotional, and financial toll.
- Traumatic Brain Injuries — Traumatic brain injuries (TBIs) are typically caused by a blunt force to the head, such as can happen in a slip and fall accident. TBIs are incredibly unpredictable, and it’s important to understand that any injury to your brain can have overarching negative financial, physical, and emotional consequences. Some people describe the effects of TBIs as altering their personal sense of self, which is difficult both to quantify and to overcome.
- Soft Tissue Injuries — Injuries to soft tissues, such as a tear in your ligament or a sprain, are often asymptomatic at the scene of an accident. If left untreated, however, such injuries can lead to chronic pain; seek immediate medical attention.
- Cuts and Abrasions — Cuts and abrasions are common to slip and fall accidents, and seeking appropriate treatment to avoid dangerous infections is critical. Further, to heal properly, cuts sometimes require stitches. Cuts and abrasions that are left untreated are known to cause infections and disfiguring scarring.
You can suffer nearly any kind of serious injury in a slip and fall accident. If you experience a slip and fall, seeking prompt medical attention can help document your condition and support your claim. Even if you don’t think you’ve been seriously injured in the slip and fall, it’s important to remember that injuries can hide in plain sight until they develop into much more severe problems that are far more difficult and costly to treat.
California Personal Injury Law Pertaining To Slip And Fall Cases
Slip and fall cases in California fall under premises liability law, which holds property owners responsible for maintaining reasonably safe conditions. If someone is injured because a property was not properly maintained, victims may be able to pursue a personal injury claim.
Premises liability attorneys consider the following elements in establishing a claim:
- The alleged negligent party owned, leased, or controlled the property on which you were injured.
- The alleged negligent party was negligent in either the use of the property or in the care of the property.
- You were injured on the property.
- The alleged negligent party’s negligence played a significant role in causing you to be thus injured.
In simpler terms, if a person is hurt on property that was not reasonably safe, and the unsafe condition resulted from the property owner or manager’s negligence, they may have grounds to pursue a personal injury claim.
Recoverable Damages After A Slip And Fall Accident
Every California slipping accident case is unique to its circumstances, and each case must be evaluated on its own merits. Nevertheless, there are specific categories of damages to consider:
- Economic Damages — These are the financial losses tied directly to the accident, which may include:
- Emergency medical transportation and care.
- Surgery and aftercare.
- Doctor, specialist, and therapist appointments.
- Follow-up care.
- Adaptive physical devices and home adaptations.
- Prescription medications.
- Ongoing and long-term medical care.
- Lost hours on the job.
- Altered professional trajectory.
- Non-Economic Damages — Non-economic damages refer to those damages that, while they do not have a price tag attached, do cause you to endure pain and suffering, loss of enjoyment, loss of consortium, disfigurement, or disability.
- Punitive Damages — Exemplary or punitive damages are those damages that are intended to punish the negligent party for his or her egregious behavior. The damages you may be able to recover will depend upon the extent of your injuries, your lost income, the effects of your injuries on your future career and relationships, and much more.
If you’ve been injured in a slip and fall accident that was caused by someone else’s negligence, you may be able to pursue compensation for the losses you have experienced.
What Is The Average Settlement For A Slip-And-Fall Injury In California?
It’s important to keep in mind that estimating the average settlement for a slip-and-fall injury is practically impossible since no two claims are the same. Injuries have no fixed value and vary in type and severity, making every case unique.
There’s no way to immediately know how much your case is worth since it depends on the accident’s circumstances. The extent of your injuries greatly influences the amount you can get, with the most severe and life-changing injuries getting the most compensation. Other factors include:
- The extent of medical care required.
- The extent of the owner’s negligence.
- Your slip-and-fall accident lawyer’s skills in negotiating.
Note that compensation is not guaranteed. Outcomes depend on the facts of your case, the available evidence, and applicable law.
Tips To Strengthen Your Slip And Fall Claim
If someone else’s negligence leaves you injured in a slip and fall accident, your claim will hinge upon the related facts. As such, there are things you can do to preserve the evidence in your case and strengthen your claim (if you can’t do these tasks yourself, enlist someone at the scene of the accident to help you):
- Obtain time-stamped photographs or videos of the accident scene before anyone has the opportunity to eliminate evidence of the dangerous condition that injured you. Consulting a personal injury attorney is also advisable. They can also help gather and preserve evidence.
- Seek immediate medical attention. Even if you don’t think you’ve been seriously injured, it’s important to recognize that injuries can go undetected before they develop into bigger problems. Getting timely medical care also creates documentation that links your injuries to the accident.
- Report the accident to the property manager, and retain a copy of the incident report.
- Keep the shoes and clothing you were wearing at the time of the accident secured away in case questions arise later about their role in the fall.
- Obtain eyewitness testimonies and eyewitness contact information.
- Keep all pertinent information and documentation organized and accessible in one convenient location.
Finally, if you’ve been injured in a slip and fall accident that was caused by someone else’s negligence, you may benefit from consulting a slip and fall lawyer in California. The experienced slip and fall accident lawyers at Arash Law, led by Arash Khorsandi, Esq., can provide legal guidance and support throughout the claims process.
Liability In Your California Slip And Fall Case
California business owners owe customers and other visitors on their properties a reasonable duty of care to protect them from harm. This duty of responsibility applies to the people who own the property, lease the property, or occupy or control the property. Sometimes, a parent company can also be implicated for damages.
Finally, most businesses and homeowners carry liability insurance in case of such accidents. Determining who is liable in your California slip-and-fall accident will depend upon the specific circumstances of your case, but there is often more than one source to consider.
Insurance Company Involved In Handling Slip And Fall Claims
If you are injured in a slip-and-fall accident, you may be contacted by the property owner’s insurance company. It is important to remember that insurance representatives work to protect their company’s interests, which may involve reviewing or questioning claims.
For this reason, it is generally recommended that you avoid providing detailed statements before seeking legal advice. Speaking with a California slip-and-fall lawyer can help you understand how to respond to insurance company inquiries and what steps you may take to protect your rights. In many cases, your attorney can communicate with the insurer on your behalf.
Statute Of Limitations For Slip And Falls
If you were injured in a slip-and-fall accident, you have a limited amount of time to file a legal claim. In California, the statute of limitations for most personal injury cases is two years from the date of the accident, though there are some exceptions.
It is important to be aware of this deadline because preparing a case often takes time. Medical providers may need time to fully evaluate the extent of your injuries, and gathering evidence and documentation can be a detailed process.
If your injuries were caused by another party’s negligence, consulting a California slip-and-fall lawyer can help you understand how the statute of limitations applies to your situation and what steps you may take to preserve your right to pursue compensation.
Filing A Slip And Fall Claim In California
You slipped and fell in a restaurant, grocery store, department store, or nearly anywhere else, and you may be unsure what steps to take. This is a common reaction, and it’s normal to feel uncertain after a fall.
If someone else’s negligence contributed to your injury, you may be able to pursue compensation for your losses. Consider consulting a California personal injury attorney who can guide you on filing a claim.
Your Medical Records
One of the most important parts of a slip-and-fall claim is demonstrating the extent of your injuries. Medical records often provide the strongest support for this. Your health should always come first, which means seeking prompt medical care after an accident.
Even if you did not see a doctor immediately, it is still important to seek medical evaluation as soon as you realize you may have been injured. Be thorough in explaining the details of the accident to your healthcare provider, follow recommended testing, and comply with prescribed treatments. This may include appointments with specialists, physical therapy, follow-up visits, or medication schedules.
Comprehensive medical documentation not only reflects your diagnosis but also shows your ongoing efforts to follow medical advice. In many cases, these records form a key part of the evidence supporting a personal injury claim in California. Seeking medical attention and following treatment plans protects both your health and your ability to pursue a claim.
What Is A "Slip-And-Fall" Under The Law?
A “slip and fall” refers to a type of personal injury case under the broader category of premises liability. As the term implies, an individual is injured on someone else’s property or premises after they slip or trip on something and fall. These accidents usually happen on properties managed, maintained, or owned by another party.
To establish liability, it must generally be shown that a dangerous condition existed, that the property owner or manager knew or should have known about it, and that reasonable steps were not taken to fix the hazard or warn visitors.
Common hazardous conditions that can lead to slip-and-fall accidents include:
- Wet or slippery floors.
- Poor lighting in areas such as stairwells or parking lots.
- Uneven flooring, broken tiles, or loose carpeting.
- Narrow or poorly maintained stairs.
- Cracked sidewalks or potholes.
- Outdoor hazards such as rain, ice, or other obstructions.
While these accidents are sometimes dismissed as minor, the injuries can be serious. Victims may suffer anything from bruises and sprains to broken bones, hip fractures, or even traumatic brain injuries. In many cases, medical bills and other accident-related losses form the basis of an insurance claim or personal injury lawsuit.
Consulting a California slip-and-fall lawyer can help injured individuals understand their legal options and pursue compensation for medical expenses, lost income, and other damages.
Consult A Slip And Fall Accident Lawyer In California For Help
The phrase “slip-and-fall accident” may sound minor, but these incidents can result in serious injuries with lasting effects. While some people may initially blame themselves, it is important to recognize that property owners and managers have a legal responsibility to maintain safe conditions. If negligence played a role in your accident, you may have the right to pursue compensation for all damages incurred.
The slip-and-fall accident attorneys at Arash Law, led by Arash Khorsandi, Esq., are committed to helping clients understand their legal options and help build claims supported by evidence. Our team will guide you at every stage of the process, from gathering documentation to communicating with insurers.
We are available to answer your questions and provide support. To learn more, you may contact us at (888) 488-1391 for a free initial consultation.
