How to Handle Slip and Fall Accidents
Slip and fall accidents can be fatal or severe. In 2021, there were a reported 44,686 deaths from unintentional falls, according to the Centers for Disease Control and Prevention. According to the National Floor Safety Institute, falls account for over 8 million hospital emergency room visits, representing the leading cause of visits (21.3%). Slips and falls account for over 1 million visits or 12% of total falls.
Countless scenarios could lead to a fall accident, including tripping hazards, delayed maintenance, slippery and/or uneven surfaces, and inadequate safety training.
Those who experience a slip and fall accident may require hospitalization, rehabilitation and/or in-home care, and substantial medical bills. Victims of fall accidents may endure a lengthy recovery time, the loss of wages, and significant pain and suffering.
In California, property owners are liable for injuries sustained in a slip-and-fall accident while on their property or if they knew of an accident-causing condition and failed to take action to prevent it.
A slip and fall accident lawyer in Marin County, CA can sue for compensation and damages for violations of California’s premises liability law to ensure your future is protected.
Slip and Fall Accident Scenarios and Responsibilities of Property Owners
Wet or slippery conditions like stairs covered with food or beverages or uneven surfaces like sidewalks are common conditions that may cause injury. Property owners and property managers must utilize proper safety measures such as warning signs, anti-slip mats, stair railings, or sufficient lighting to keep their premises safe.
Injuries can occur in almost any location, whether in residential homes, at your workplace, in commercial buildings, or on the sidewalk or street. Slip and fall accidents often occur in places like food markets and retail stores, restaurants, hotels, tourist attractions, commercial office buildings, city roadways and sidewalks, and public parks. They most commonly occur on commercial properties, though.
Property owners and property managers must maintain a safe environment. This responsibility may involve regularly inspecting the property, addressing dangerous conditions, taking precautions to prevent injuries, and warning visitors or the public of any hazardous conditions. Property owners and managers may be held liable for any injuries sustained while on site if these safety measures are not undertaken.
What is a Premises Liability Claim?
Should you experience a fall accident, a personal injury lawyer can pursue a premises liability claim, which falls within the wider personal injury claim classification. In California, slip-and-fall injury claims are governed by premises liability law, holding individual property owners and commercial businesses accountable for any accidents and subsequent injuries based on the principle of negligence. Not all falls will be held liable under premises liability law, though, as an accident must have been caused by another’s negligence.
It is possible to file a lawsuit against the town, county, city, state, or another government entity if your injury occurred because of a California government employee’s negligence. The process, however, is subject to particular regulations, including the requirement to file the formal notice for your claim within six months of the incident.
Steps to Take Following a Slip and Fall Accident
If you were injured in a slip-and-fall accident, there are several critical steps to follow to protect your legal rights and your well-being.
- Most importantly, seek medical attention either at a hospital or other medical facility, providing a detailed description of your injuries.
- Ensure that you promptly report the accident to the property owner or manager, if not immediately after the accident, then as soon as possible.
- Record the area where you fell with photographs or video.
- Do not throw away your damaged clothes or the shoes you were wearing.
- Ask for copies of any surveillance video, and get the names and contact information of any witnesses.
Victims of fall accidents may be entitled to monetary compensation and damages, so contact a premises liability lawyer who will investigate the incident and work with you to support your slip-and-fall claim and protect your rights. You mustn’t discuss your case with insurance companies or their employees without an attorney present
How Can I Prove My Slip and Fall Accident?
To recover damages for your accident, you must prove four things for a premises liability claim under California law:
- The defendant owned, leased, occupied, or controlled the property;
- They were negligent in the use or maintenance of the property;
- You were harmed by slipping or falling on the premises; and
- The defendant’s negligence was a significant factor in causing you harm
To facilitate your slip-and-fall case with your attorney, it is beneficial to gather the following details and evidence to support your premises liability claim:
- Photos of your injury
- Surveillance video
- Images or video of the scene of the fall, including, for example, the broken step, the wet floor, or the uneven sidewalk
- Any on-scene reports made by medical personnel, police, or property management
- Any medical reports, including doctor’s notes, on the sustained injury and any prescriptions provided
- Medical bills, including receipts for paid prescriptions, whether paid or unpaid, from insurance, Medicare, or Medical
- Copies of paychecks or other forms of salary verification before the accident to use as proof of loss of earnings
Are You a Victim of a Slip and Fall Accident?
Our personal injury attorneys will strive to recover economic damages – those that have a dollar value – like current and future medical bills, current and future wage loss, loss of earning capacity, and damages for any destruction of personal property (e.g., technology like laptops, eyeglasses, etc.). LMS Law’s slip and fall accident attorneys will also pursue non-economic damages – those that do not have an associated dollar value and can be harder to quantify – such as compensation for pain and suffering, disability, disfigurement and scarring, and loss of a limb or sense. The average payout for a slip-and-fall accident in California varies from case to case and depends on the extent of your injury, the location where you fell, and the attorney you hire.
Speaking with our experienced slip and fall lawyers at LMS Law will help you assess the potential damages for your case and pursue a fair slip-and-fall settlement. We will work to secure your peace of mind, healing, and compensation for injuries sustained at the fault or negligence of poorly maintained properties, inadequate training, and other fall situations in California.
For experienced Marin County catastrophic injury lawyers who provide personalized care for your claim, contact LMS Law. We provide free case reviews to help fight your battles, so you can focus on healing. Call us today at (415) 400 – 7000, or reach out online to arrange a free consultation. We will meet you at your home, or in the hospital if you are unable to come to us.
*The above is not meant to be legal advice, and every case is different. Feel free to reach out to us at LMS Law if you have any questions. Information contained in this content and website should not be relied on as legal advice. You should consult an attorney for advice on your specific situation.
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