Slip and fall cases are one of the most common types of personal injury lawsuits that are filed each year in California. Unfortunately, they can also have confusing legal terminology and processes. So, it’s important for victims to understand how they work. This article will provide readers with an overview of slip and fall cases, how negligence is determined, the financial damages available, and how to pursue a claim.
How do slip and fall cases work?
Common causes of slip and fall liability in California
In California, those who suffer an injury due to a slip and fall accident are protected by the state’s laws governing premises liability. Property owners must take reasonable steps to ensure that visitors are safe from any hazards that could cause a slip-and-fall accident. Common causes of these types of accidents include:
- Wet or slippery surfaces
- Broken sidewalks
- Loose floorboards
- Torn carpets or rugs
- Inadequate lighting or uneven walking surfaces
- Failure to rope off construction sites
- Plumbing leaks
- And more
If you have been injured in a slip and fall accident due to hazardous conditions on someone else’s property, it is important that you contact an experienced attorney as soon as possible. If possible, document how it happened and take photographs of the area.
Who is liable for a slip and fall in California?
When an individual is harmed by a slip and fall, who is liable for the damages? An experienced personal injury attorney will help injured victims understand their rights—as well as how to receive compensation for their injuries. The primary factor that determines liability in a slip-and-fall case is negligence. If another person or organization was negligent in providing a safe environment, they could be held liable for any resulting injuries.
Example: Let’s say that you are attending an event at a local hotel. You are walking down a flight of stairs when you slip and fall, suffering severe injuries. The hotel was negligent in failing to provide adequate lighting and perhaps proper handrails on the staircase and should be held liable for your injuries.
What do I need to prove to recover damages?
To recover damages, you must prove that the other party was at fault for the accident and ensuing injuries. This process usually involves the gathering of evidence, such as medical records, witness testimonies, security camera footage, or photographs of the scene of the accident. In general. the attorney must establish four criteria:
- Who owns, leases, occupies, or otherwise controls the property?
- Was the owner negligent in the maintenance or care of the property?
- Was the plaintiff harmed by slipping and falling on the property?
- Was the property owner’s negligence a “substantial factor” in the accident?
When is a property owner or occupant considered negligent?
When it comes to slip-and-fall accidents, property owners or occupants can be held legally responsible if they are found to be negligent. If you’ve been injured in a slip and fall accident due to another person’s negligence, it is important to contact an experienced personal injury attorney in Los Angeles. A reputable and experienced lawyer will help you determine if the property owner or occupant was indeed negligent and whether you have grounds for a lawsuit.
Negligence occurs when someone fails to exercise the same degree of care that a reasonable person would use under similar circumstances. “Negligence” may include failing to adequately warn visitors about potential hazards, failing to make sufficient repairs or inspections, or leaving dangerous conditions unchecked on the premises. Negligence could also occur if maintenance personnel fail to keep common areas clear of debris or fail to perform necessary upkeep on sidewalks and stairs.
What damages can I get for a slip and fall?
An experienced personal injury attorney will review the details of your case carefully to determine the compensatory damages that the victim may be eligible to claim. Depending on the situation, these damages might include:
- Lost wages from missed workdays
- lost future earning capacity
- Medical bills
- Hospital visits
- Home rehabilitation therapy
- Pain and suffering due to physical injury or emotional stress.
A reputable and experienced Los Angeles slip and fall attorney will fight diligently for maximum financial compensation so that you can move forward with your life quickly. If you or someone you know suffered a slip and fall injury, contact legal counsel immediately.
What is the statute of limitations for a slip and fall claim?
Slip and fall accidents can often cause serious injuries, but to recover compensation for those injuries, the victim must file a claim within the set time limit. In California, the statute of limitations for personal injury lawsuits is usually two years from the date of the accident—or when the injury was first detected. However, the statute of limitations can sometimes be “tolled” (extended) in cases where the victim is from out-of-state or a minor child. An experienced personal injury lawyer will:
- Advise you on your rights
- Answer any questions you may have about filing a claim within the statute of limitations
- Help gather evidence related to your case
- Guide you through each step of the process
- Fight for you to ensure that you receive fair compensation for your losses promptly
Choosing a Los Angeles slip and fall attorney
Finding a skilled personal injury lawyer doesn’t have to be a daunting task. When it comes to slip-and-fall cases, you need an experienced and reputable attorney who understands the complexities of these types of cases. With the right legal representation on your side, you can rest assured that your case will be taken seriously and given the proper attention it deserves.
When searching for a Los Angeles personal injury attorney, make sure that the lawyer is familiar with all relevant laws pertaining to personal injury in California, as well as any local ordinances or regulations that might affect your case. A good attorney will also have some familiarity with medical terminology—so that they can communicate effectively with doctors or medical experts involved in your case. For more information on personal injury lawsuits, contact The Point Law Group today.