Slip and Fall Accidents
While most people don’t anticipate slipping, tripping, or encountering injuries while on someone else’s property, accidents do occur. Whether it’s slipping on a wet floor, falling down poorly illuminated or marked stairs, or tripping over an obstacle, such incidents can result in severe injuries. These slip and fall accidents raise complex legal questions regarding liability, as well.
Our attorneys empathize with the pain and stress caused by being injured in an accident, especially when it is not the fault of the victim. Premises liability, a part of personal injury law, involves slip-and-fall cases. Our personal injury lawyers support clients through legal proceedings and negotiations. We aim to ease their legal concerns, allowing focus on physical recovery.
California Law on Slip and Fall Accidents
In California, slip and fall accidents are governed by premises liability laws. These hold property owners responsible for maintaining safe conditions on their premises. Under these laws, property owners have a duty to exercise reasonable care to prevent foreseeable harm to visitors or guests. This duty applies to various types of properties, including residential homes, commercial establishments, public spaces, and even government-owned properties.
In the context of venue accidents, California law assesses liability based on whether the property owner knew or should have known about the hazardous condition that caused the accident and whether they took reasonable steps to address it. Factors such as the length of time the dangerous condition existed, whether warnings were posted, and the property owner's efforts to inspect and maintain the premises are all considered in determining liability. Additionally, California follows a comparative negligence system. This means that if the injured party is found partially at fault for the accident, their compensation may be reduced proportionally to their determined degree of fault.
Victims of slip and fall accidents in California should reach out to a personal injury lawyer promptly. A lawyer can assess their case, gather evidence, negotiate with insurance companies, and represent the victim in court if needed. Their expertise ensures victims understand their rights, maximize their chances for fair compensation, and meet crucial filing deadlines.
Statute of Limitations in Slip and Fall Accidents
In any personal injury case, including slip and falls, an important aspect to consider are the time limits set by the law in which a person must file their lawsuit. A victim has two years from the date of their accident to file a case if the case is against a private individual or a company. If the accident occurred on government property, the timeframe is shorter. The victim must file their claim within six months.
However, if the injuries sustained in the accident weren’t immediately apparent (for example, in the case of internal damage or a brain injury), California law provides for something called “the discovery rule”. Under this rule, the times frames referenced above don’t start until the victim discovers, or should have discovered, their injury. This date can differ from the date the accident occurred.
Liability in a Slip and Fall Accident Case
One of the most challenging aspects of a slip and fall legal case is proving liability, or who is at fault. But it is also the most important, as each case hinges on whether the property owner took reasonable precautions to prevent slips or trips and whether the victim was negligent in failing to notice or avoid the hazardous condition that led to the fall.
In most instances, a person injured in a slip and fall on another's property must demonstrate that the accident resulted from a "dangerous condition" that the property owner was aware of. A dangerous condition must pose an unreasonable risk to visitors, and it should not have been anticipated by the injured party under the circumstances, suggesting that individuals must be aware of and avoid obvious hazards. To prove that a property owner or possessor knew of a dangerous condition, it must be established that:
The owner/possessor created the condition.
The owner/possessor was aware of the condition but failed to address it.
The condition existed for a significant period, and the owner/possessor should have identified and rectified it before the incident occurred.
For liability to be established, it must have been foreseeable that the owner's negligence would lead to danger. Occasionally, negligence can be proven by demonstrating a violation of relevant statutes. For instance, if a stairway lacks necessary handrails as per building codes and this deficiency causes injury, the building owner may be held liable for violating building regulations. California law provides recourse for such accidents, and consulting a knowledgeable personal injury lawyer to review the slip and fall case is recommended.
Damages in a Slip and Fall Accident
If negligence on the part of another party led to a slip and fall accident, the victim could potentially be eligible for various economic and non-economic damages. However, the applicability of these damages varies depending on the circumstances of each accident. To obtain specific guidance concerning a premises liability case, it is advisable to seek counsel from a personal injury attorney.
Economic compensation covers expenses such as medical bills, including past, present, and future costs related to the accident, as well as rehabilitation expenses for therapies needed to recover from injuries. It also includes compensation for lost wages and potential future income losses due to the inability to work. Additionally, economic compensation may encompass costs for necessary medical devices such as walkers or wheelchairs, expenses for prescribed or over-the-counter medications, transportation costs associated with medical appointments, the costs of hiring assistance at home if required, and out-of-pocket expenses directly related to the accident.
Non-economic damages may also be awarded to cover intangible losses, such as physical pain and emotional suffering endured because of the accident, disability resulting from the injuries sustained, and a diminished quality of life due to the accident's impact.
In rare cases involving willful negligence, punitive damages may also be awarded as a deterrent against future misconduct by the property owner.
Why Choose Us As Your Slip and Fall Attorneys?
Expertise: Our slip and fall lawyers are knowledgeable in personal injury law and have extensive experience handling venue and premises liability cases. We have a thorough understanding of the legal, ethical, and medical complexities involved and will use our expertise to build a strong case on your behalf.
Personalized Approach: We believe in providing personalized attention to every client. We understand that each case is unique and requires a tailored approach. Our accident attorneys will take the time to listen to your concerns, answer your questions, and develop a legal strategy that aligns with your specific needs and goals.
Proven Track Record: With a successful track record of obtaining favorable outcomes for our clients, you can trust us to handle your case. We have secured significant settlements and verdicts in slip and fall cases, helping our clients recover compensation for medical expenses, lost wages, pain and suffering, and more.
Resources and Network: We have access to a wide range of resources and a vast network of experts, including medical professionals and investigators. We will leverage these connections to strengthen your case and ensure that no stone is left unturned.
No Fee Unless We Win: We understand the financial strain that can come after a slip and fall injury and any investigation that follows, which is why we generally take personal injury cases on a contingency fee basis. This means that you will not have to pay any upfront fees. You only pay us if we successfully obtain compensation for you, ensuring that you can focus on your recovery without worrying about legal expenses.
Choosing the right premises liability attorney after a slip and fall injury is crucial. With Phillips, Erlewine, Given & Carlin LLP, you can have confidence that you are selecting a firm that will champion your rights and work tirelessly to achieve the best possible outcome for your case. Contact us today for a free consultation and let us guide you on the path to justice and recovery.
