Slip and fall accidents have the potential to result in major injuries or even fatalities. If you have been injured in a slip-and-fall or trip-and-fall accident due to someone else's negligence, you must remember that you have legal rights and protections under the law. You may be able to seek compensation for your injuries, damages, and losses by filing a civil personal injury lawsuit.
At the Vaziri Law Group, our slip-and-fall lawyers have experience with all types of slip-and-fall cases. Our personal injury lawyer can review your slip and fall case as well. We could recover compensation for medical bills and lost income. Learn more about slip and fall accidents below. Then, contact our slip and fall attorneys to schedule a free case evaluation.
Key Points - Table of Contents
- Our Los Angeles Slip and Fall Lawyer Explains Slip and Fall Liability in California
- Who is Liable for a Slip and Fall Accident in California?
- What Elements Need to Be Proven in a Slip and Fall Case?
- What Should You Do After a Slip & Fall Accident?
- When is a Defendant Considered 'Negligent' in a Slip and Fall Accident?
- Damages in a California Slip and Fall Case
- Statute of Limitations for a California Slip and Fall Claim
- FAQs
- Contact Our Los Angeles Slip and Fall Lawyer To Schedule a Free Case Consultation
Our Los Angeles Slip and Fall Lawyer Explains Slip and Fall Liability in California
There can be several different reasons why a slip and fall accident might happen . The most common types of incidents that lead to premises liability in Los Angeles, California, include:
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Spills on the floor that could pose a slipping hazard
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Torn, damaged, or loose carpeting
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Uneven flooring
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Broken stairs or handrails
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Uncovered cables or wires
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Inadequate lighting
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Debris in stairways, aisles, or other common areas
Our team's slip and fall attorney can show how the defendant was responsible for your injuries. Contact our personal injury attorney today to schedule a free consultation.
Who is Liable for a Slip and Fall Accident in California?
Property owners, managers, and other parties have a duty of care under California law to keep their premises free of hazards that could cause slip-and-fall or trip-and-fall accidents. This duty of care applies to individuals or entities that own, lease, occupy, or control property. In addition, insurance companies or corporations may also be held liable for damages, depending on the location of your accident and the circumstances of your case.
Often, more than one party can be held liable. For example, if you suffered a slip and fall accident in a supermarket, the property owner, manager, and a company that owns the supermarket franchise or chain can be held financially responsible for your injuries, damages, and losses.
What Elements Need to Be Proven in a Slip and Fall Case?
Under California law, to recover damages in a slip and fall case, certain elements must be established:
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That the defendant owned, rented out, occupied, or controlled the property where the dangerous condition existed
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The defendant was negligent (careless) about the use and/or maintenance of the property
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You, the plaintiff, were injured as a result of a slip and fall or trip and fall accident on the property
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The defendant's negligence was a substantial factor in causing your fall and resulting injuries
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You suffered monetary damages as a result of the incident
Learn more about the evidence you need for your slip and fall case .
What Should You Do After a Slip & Fall Accident?
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Check for injuries . Immediately assess yourself for injuries, and be cautious when standing if you feel pain or dizziness. Stay still if you're severely injured, and ask someone nearby for help.
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Report the incident . Notify the property owner, manager, or staff right away so that they can record the incident. They must make an official note of the accident.
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Document the scene . Take pictures or videos of the exact location where you fell, including any conditions that contributed to the accident, such as wet floors, uneven surfaces, or poor lighting.
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Collect witness information . If there were any witnesses to your fall, get their names and contact details. Witness statements can support your account of the incident.
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Seek medical attention . Visit a healthcare provider for a thorough examination, even if your injuries seem minor. Some injuries might not show immediate symptoms.
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Preserve your footwear and clothing . Keep the shoes and clothing you wore during the accident in the same condition they were right after the fall. They might be used as evidence in your case.
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Consult with a Slip & Fall lawyer . Contact an experienced slip-and-fall lawyer who can guide you through the legal process and help protect your rights to compensation.
Common Injuries in Slip and Fall Accidents
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Broken bones . Fractures are very common in slip and fall accidents, especially hip, wrist, and ankle fractures. These injuries can require surgery and lengthy periods of immobilization.
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Head injuries . Traumatic brain injuries can occur if a person hits their head during a fall. These can range from mild concussions to severe brain damage.
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Spinal cord injuries . A fall can damage the spinal cord, leading to temporary or permanent paralysis, depending on the severity and location of the injury.
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Cuts and abrasions . Sharp objects or rough surfaces can cause cuts and abrasions during a fall. These injuries might require stitches and can lead to infection if not properly treated.
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Soft tissue injuries . Sprains and strains of muscles and ligaments are common and may not be immediately apparent. They can result in prolonged pain and mobility issues.
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Dislocations . Joints like shoulders, hips, and knees can be dislocated when falling awkwardly. These injuries require immediate medical treatment and can lead to chronic instability.
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Nerve damage . A slip and fall can cause nerve damage, leading to chronic pain, numbness, or tingling. This type of injury can be particularly debilitating.
When is a Defendant Considered 'Negligent' in a Slip and Fall Accident?
A defendant is considered negligent in the use and maintenance of their property when:
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A condition on the premises created an unreasonable risk of injury or harm.
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The defendant knew or should have known about the dangerous condition of their property.
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The defendant failed to fix the problem or give a proper warning about the hazardous condition.
A good example of negligence is when a business such as a restaurant fails to post a "wet floor" sign when the floors have been mopped and are slick, posing a dangerous situation for customers.
Damages in a California Slip and Fall Case
Plaintiffs in a slip and fall case are typically entitled to recover compensatory damages that result from the defendant's negligence, including:
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Medical expenses include emergency care, hospitalization, surgery, rehabilitation, medications, medical equipment, etc.
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Lost income and lost earning capacity
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Property damage
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Pain and suffering – the physical pain and emotional suffering as the result of the incident
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Loss of consortium
It is important to note that damages such as pain and suffering or loss of consortium are non-economic damages because assigning a dollar amount to them can be challenging. On the other hand, economic damages such as lost wages and medical expenses are easier to quantify by using documents such as pay stubs and hospital bills. In rare cases, plaintiffs may also receive punitive damages when the defendant's behavior resulted in catastrophic injuries or wrongful death.
Statute of Limitations for a California Slip and Fall Claim
Under California law, the statute of limitations or deadline to file a slip and fall personal injury lawsuit is typically two years from the incident date. However, in some cases, the deadline may be tolled or suspended, for example, when a plaintiff is a child under 18.
If your lawsuit is against a governmental entity, the statute of limitations for such a claim is six months (180 days) after the incident. If the governmental agency denies your claim, you have another six months to file your personal injury lawsuit. An experienced Los Angeles slip-and-fall lawyer can help you better understand deadlines in California, which could vary depending on the facts and circumstances of your case.
FAQs
Can I sue if I slip and fall on public property?
Yes, you can sue if you slip and fall on public property, but you must prove that the entity responsible for the premises was negligent. This often involves showing that they knew or should have known about the hazardous condition and failed to address it. We need to prove that they are responsible for your injuries sustained.
What should I do if the property owner blames me for the fall?
Do not admit fault even if the property owner blames you. Your attorney can help determine all contributing factors and the actual liability in your case , which might include shared responsibility.
What if I didn't notice the hazard that caused my fall?
Not noticing the hazard does not automatically prevent you from claiming damages. Your lawyer will need to establish that the property owner should have addressed the hazard before the accident occurred.
Can I recover damages if I was partially at fault for the slip and fall?
Yes, you can still recover damages even if you were partly at fault since California follows a comparative negligence rule. However, your compensation may be reduced by your percentage of fault.
Contact Our Los Angeles Slip and Fall Lawyer To Schedule a Free Case Consultation
If you or someone you know suffered injuries in a slip and fall accident on someone else's property, the experienced Los Angeles premises liability attorneys at the Vaziri Law Group, APC, can inform you of your legal rights and options. We will help you obtain and compile crucial evidence that can help substantially increase your chances of securing maximum compensation for your losses.
Call us to schedule a free consultation and comprehensive case evaluation. Let's discuss a slip-and-fall lawsuit on your behalf.