Are You A Victim Of A Slip And Fall Injury in Los Angeles?

 Property owners are required by premises liability law to make every effort to ensure that their grounds are properly maintained and protected. If an accident happens on their property and the owner is found to be responsible, they can be held liable for the victim's medical bills, missed income, and other expenses. Two of the most popular forms of premises liability lawsuits brought against at-fault parties are slipping and tripping injuries.

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When the weather is wet – such as rain, hail, or snow – and the surfaces are slick, slip and fall accidents are common. Falls and slips can occur both within and outside of a structure. People can also be put in danger if a freshly mopped floor in a commercial building is not adequately marked with warning signs or if a spill is not cleaned up quickly and thoroughly. A trip and fall accident is similar to a slip and fall accident, except that the fall is triggered by someone's foot being stuck on something, such as raised carpeting, loose wires, or objects in the road.

Victims can lose their balance on the wet, dangerous surface and sustain serious or even life-threatening injuries as a result of their fall in these situations. If the victim's head hits the ground during a slip and fall accident, brain damage may occur. In the same way, if the victim slips and falls on their neck or back, the spinal cord can be damaged. Head, brain, spine, and back injuries are often fatal, necessitating costly and lengthy medical treatment. A survivor is often forced to take time off work during the healing and rehabilitation process. As victims struggle to pay their continuing medical costs, lost earnings will exacerbate financial pressure.

Relevant Statistics

Slip and fall accidents aren't just minor personal injuries. They can result in more than just bumps, bruises, and humiliation. According to the NFSI, serious fractures occur in approximately 5% of those who fall. Hip fractures are the most severe and can be fatal to elderly people. Concussions and other brain injuries may result from other bad falls. Falls are the leading cause of traumatic brain injuries (TBIs) in the United States. The following are some surprising facts about slips and falls that you might not be aware of:

• Every year, around two million people are injured as a result of falls caused by flooring and floor materials.
• In 2016, 849 workers died as a result of slips, trips, and falls.
• Falls are the leading cause of lost workdays.
• Falls are the most common workplace injury among employees aged 55 and up.
• In the building industry, falls are the second leading cause of death.
• Falls were responsible for 15% of all occupational fatalities.
• With each decade of life, the chances of falling increase.
• Every year, more than 60% of nursing home residents experience a fall.
• After an accident, half of the elderly fall victims are unable to survive on their own.

The majority of slip and fall injuries happen on flat surfaces, not elevated platforms. Dropping from the same height does not always result in as serious injuries as those from an elevated surface. Both dangerous slip and fall injuries, on the other hand, are serious and need legal action. Hiring a Los Angeles Personal Injury Lawyer will assist you in determining the cause of your recent accident. Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.

Laws in California Concerning Slip and Fall Cases

The tort of premises liability is used to prosecute personal injuries resulting from a slip and fall. Premises liability allows individuals who have been injured as a result of a property owner's negligence to seek compensation for their losses.

According to California Civil Jury Instruction 1000, a plaintiff must prove four sections, or components, of a premises liability charge. There are the following:

• The property was purchased, rented, or managed by the defendant.
• The defendant was careless in their use and maintenance of the land.
• That the complainant suffered an injury
• That the defendant's negligence contributed significantly to the plaintiff's injury

Slip and Fall Accidents: What Causes Them?

• Contaminants on the floor include water, grease, food, and debris (anywhere food is served, stored, or consumed, such as a restaurant, a bar, or a club).
• Drainage problems – a common cause of slip and fall incidents are leaked water. Water in most public places can be dangerous.
• Random artifacts and dangling cords litter a walking lane. Clutter can be found in places like hospitals, grocery stores, office buildings, and construction sites.
• Inadequate lighting in stairwells, alleys and near storefronts can make conditions unsafe for residents and pedestrians, resulting in accidents.
• Stairs and moves that are uneven
• Unsecured carpeting, dents in tile, and potholes are only a few of the dangers that fall under this category. Accidents can happen on the sidewalk, in shopping centers, in driveways, in hotels, and on trains, among other places.
• Weather – it is the duty of property owners and administrators to maintain their properties clear of hazards such as ice and rain. In a slip and fall lawsuit, homeowners, business owners, and just about everyone who owns the land and is responsible for maintaining it can be considered liable.

What Are Some of the Most Common Injuries Caused by Slip and fall Accidents?

A slip and fall accident can result in a variety of injuries. The following are some of the most common injuries:

1. Fractured Hips
• The vast majority of hip fractures recorded in the United States are caused by a fall. Hip fractures usually necessitate surgery as well as months of treatment and recovery.
2. Injuries to the brain
• During a slip and fall crash, many people strike their heads on the ground or other objects. Some slip and fall patients can only sustain a minor concussion as a result of the accident, while others may suffer from a moderate to serious traumatic brain injury.
3. Injuries to the back
• During a slip and fall, the vertebrae in your back can easily be damaged. Slipped disks, herniated discs, and spinal cord injuries are all common injuries associated with slip and fall accidents.
4. Sprains
• During a slip and fall, your body doesn't have time to respond and readjust, so you're more likely to sprain your ankle on the way down.
5. Shoulder Injuries
• A slip and fall accident can cause your shoulder to become dislocated. The brachial plexus nerve cluster, which is situated near the elbow, may also be injured. If these nerves are injured, you can feel pain in your arm, shoulder, and hand for a long time after the accident.

If you've been hurt in a slip and fall crash, you can contact a Slip and Fall Attorney right away to explore your legal options.

Identifying Negligence

The key issue in a California slip and fall lawsuit is generally whether the defendant was reckless in their care or in their use of the land. This is characterized as when a condition posed an unnecessary risk of harm that the defendant knew or should have known about, and the defendant failed to repair or warn of the condition, according to California Civil Jury Instruction 1003.

In the case of a milk spill in a grocery store, the store owner is clearly the property owner. Since one does not expect wet spots when shopping, a spill poses an unacceptable risk of damage.

Finally, the store hires a large number of employees and is equipped with surveillance cameras. One would hope that the spill would be discovered and cleaned up quickly. All of this points to the plaintiff having a good premises liability argument.

What You Need To Prove In A Slip & Fall Claim

Unfortunately, being involved in a slip and fall accident, even if it occurs on someone else's property, does not automatically entitle you to compensation. Instead, you must show that the property owner violated the duty of care owed to you in order to recover compensation under the premises liability principle. A property owner is responsible for:

• Maintain a property that is relatively clean and free of hazards.
• In a reasonable period of time, repair any identified hazards on the property.
• A property owner may be held responsible for injuries sustained as a result of a slip and fall accident if:
• The property owner was aware of or should have been aware of a threat on the premises.
• The property owner refused to address the issue in a timely manner.

To win the case, you'll have to show that the property owner was aware of the danger or should have been aware of it, which can be difficult to do. Consider the following scenario: you slipped on spilled milk in the grocery store. If another customer spilled the milk and you stumbled seconds later, it's doubtful that the property owner (grocery store manager) could have known about the spill – how should they have? If the slip and fall happened 15 minutes after the spill, on the other hand, it's fairer to say that the manager should have been aware of the spill and had enough time to clean it up.

How to Prove Negligence on the Part of the Property Owner

If you want the property owner to pay you money after you slip and fall, you must show that they were incompetent in their duty of care to you. Simply slipping and falling at someone's home or place of business is insufficient to establish a strong argument because your fall may be your fault. A Slip and Fall Attorney will prove that the property owner's negligence placed you in an unacceptable amount of danger and that you made rational efforts to stop it with the assistance of a Personal Injury Lawyer.

To be considered negligent, a property owner or manager must have:

1. You caused the slipping danger, or you allowed it to go unattended for an unacceptable period of time.
2. They were aware of the danger or should have been aware of it if they had been more alert.
3. Inadequately addressed the threat or specifically warned others about it.

Premises Liability Accidents: What Causes Them?

The defendant in a premises liability case is the property owner. The complainant is usually referred to as an invitee or licensee; but, if the plaintiff is a trespasser who was on the property unlawfully, recovering damages can be challenging. Then it's determined whether or not a property was secure and whether or not hazards could be reasonably detected.

Hazards for which a property owner may be held liable include:

• Excavations and open pits
• Water
• Faulty electrical outlets or wiring
• Objects that fall
• Snow and ice
• Inadequate lighting

The following are three of the most common dangers in premises liability claims:

1. Uneven pavement or flooring: If the pavement outside of retail stores and public spaces has been compromised, it can be a serious trip and fall danger. Small cracks in the pavement can cause an uneven surface, sending pedestrians tumbling. Since liability can be vague in such situations, it may be difficult to resolve. It may, for example, be owned by the proprietor, a local government, or both.
2. Lifted carpets and rugs: One of the most dangerous and harmless trip and fall risks is lifted carpets and rugs. Many people believe that falls only happen on slick tile floors, but the fact is that many falls occur when a person's foot gets caught in the carpeting while they walk. If you slip on someone else's carpet or rug, take a snapshot of it to show that it was in a dangerous, unmaintained state at the time of your accident.
3. Inadequate security: Such properties are supposed to have crime-prevention measures in place. For example, an apartment complex in a high-crime area, especially one where property crimes are common, should hire a security detail to patrol the premises at night. When anyone is raped, robbed, or otherwise injured as a result of criminal activity that could have been avoided if appropriate protective measures had been taken, the proprietor could be held responsible for the victim's losses.

What about incidents in the workplace?

You will normally file a workers' compensation claim if you are injured at work in California as a result of a slip and fall. Workers' compensation is a no-fault form of insurance. This means you will get compensation regardless of who caused the accident.

To be eligible for workers' compensation insurance, you must file a claim and demonstrate that:

• The accident happened when you were at work
• The accident is protected by workers' compensation regulations in California
• You did not cause your accident on purpose
• Your drug or alcohol use had nothing to do with the accident

After a Slip and Fall Accident, What Do You Do?

• Get Professional Medical Help: As soon as possible after your slip and fall crash, you can see a doctor. This is significant for several reasons. First and foremost, nothing can take precedence over your health and safety. Many complications from slip and fall accidents have a delayed onset. It's possible that you're in more pain than you think. A proper diagnosis is what you owe to yourself and your family. Furthermore, you would need supporting medical evidence in order to be compensated. It will be extremely difficult to prove your injuries if you do not seek treatment.
• Report the Incident Immediately: Los Angeles slip and fall accidents should be reported as soon as possible to the appropriate authorities. This usually includes the owner or manager of the property where the accident happened, as well as any insurance companies involved. A Slip and Fall Attorney can assist you with any questions you may have about reporting your accident.
• Secure Proof: At the end of the day, a personal injury lawsuit needs evidence to back it up. Evidence from a slip and fall accident can take many different forms. For example, you'll need proof establishing the defendant's responsibility as well as evidence demonstrating the full extent of your losses. It is important that you begin collecting evidence as soon as possible after your accident. This is due to the fact that many types of evidence will start to deteriorate almost immediately. You would, for example, lose out on the ability to photograph your injuries if you do not do so.
• Consult a Slip and Fall Attorney: Finally, the most important thing you can do after an accident is to contact a competent Los Angeles slip and fall solicitor. Your Personal Injury Lawyer will examine the specific facts of your case to decide the best way to protect your legal and financial interests. The method of filing a personal injury lawsuit in California is complicated. You don't have to go through this on your own.

What types of damages are available in slip and fall cases in California?

Both economic and non-economic damages are eligible in a California personal injury case. Hospital expenses, lost wages, and property loss is all examples of economic losses. Pain and misery, as well as emotional distress, are examples of non-economic damages.

• Medical attention is required. The cost of medical treatment is almost always included in a slip and fall accident settlement, both to reimburse what you've already paid and to cover estimated future costs.
• Earnings. If you are unable to function due to your injury, you will be able to recoup your missed earnings.
• Loss of property. In a slip and fall accident, you might injure more than just your body. Maybe you're holding a valuable bottle of wine that breaks when you fall. In a slip and fall case, you may be able to recover damages for lost property.
• Emotional Distress. Emotional distress awards compensate a plaintiff for an injury's non-physical consequences. Fear, anxiety, post-traumatic stress disorder, and other psychological disorders that occur after a trauma or accident are examples of this.

The court could decide that the defendant should be prosecuted if the defendant's conduct were especially egregious or reckless. In any case, the court will award you punitive damages. Punitive damages are often referred to as "exemplary" damages in California.

When determining whether punitive damages can be paid, California law allows the court to consider three factors:

• The defendant's actions were reprehensible.
• The sum of compensatory damages awarded or the plaintiff's real damages
• The financial situation of the defendant

The statute of limitations with slip and fall claims

A law known as a "statute of limitations" restricts the amount of time you have to file a lawsuit. You have two years from the date of your injury to file a personal injury lawsuit based on negligence under California Code of Civil Procedure section 3351.

There is, however, one significant exception: You must make an "administrative charge" against the government within 6 months of the date of the accident if you are suing the government. The government has 45 days to respond after you file an administrative charge. If your petition is dismissed, you have six months from the date of the rejection to file a lawsuit. If you do not receive a response, you have two years from the date of the accident to file a complaint.

I Fell on an Apartment Staircase

Both property owners have a legal obligation to ensure that their premises are secure for visitors, but the extent of their liability can vary depending on the visitor's status. A landowner who deliberately welcomes someone onto his or her property for a business reason, for example, would be expected to put in a greater effort to maintain the property than a landowner who does not intend or welcome visitors onto the premises. While most property owners are vigilant about following these laws and ensuring the safety of their guests, others are not. This is particularly true for landlords and property managers who rent their properties to tenants and, because of the high turnover, do not always take the necessary precautions to keep their properties secure.

This lack of maintenance may result in a number of problems, such as hazardous electrical work and obsolete plumbing. However, if not adequately managed, stairwells have proved to be particularly unsafe for tenants. You can sue the landlord and/or the maintenance firm for injuries suffered as a result of falling down the stairs if the stairs were in breach of a building code or found to be in a "dangerous state." Please contact a Personal Injury Lawyer with your questions and concerns to learn more about your own rights and legal responsibilities while renting an apartment.

Conditions on Apartment Staircases that Could Lead to a Lawsuit

There are a number of circumstances that may make a staircase unsafe and support a charge of negligence. These circumstances could include, but are not limited to:

• They disobeyed the building code and other city ordinances
• There was insufficient lighting
• The stairwell's surface was wet and slick
• The stairwell had uneven stairwells and steps
• There was no handrail, or the handrail was shaky
• Rail guards are insufficient (too low)
• Objects/debris in the stairwell that obstructs the route
• Carpeting that has been worn and buckled

It's critical to hold landlords responsible for this form of negligence because falls, especially those that occur on stairs, are known to cause particularly serious injuries.

What Do I Do If I Fall in a Store?

If you were injured as a result of tripping in a shop, you might be entitled to compensation. To receive compensation, you must show that the drug, object, or condition that caused you to fall was a dangerous condition and that the individual who owned, managed, or supervised the store either knew or should have known about the dangerous condition and failed to correct it.

To ensure that you are fairly paid for your injury, speak with a Personal Injury Lawyer who specializes in slip and fall and/or trip and fall situations. An experienced Slip and Fall Attorney will walk you through all of your options and the steps you can take to safeguard your lawsuit.

Can I Sue A Store Owner?

You could be entitled to compensation if you were severely injured as a result of a property owner's negligence. These are the points a Slip and Fall Attorney must be able to prove in order for a store slip and fall case to be successful:

• There was a dangerous or unsafe situation on the premises of the shop
• That the property owner was aware of the condition or should have been aware of it based on a fair inspection
• The property owner did little to correct the situation
• Someone was injured as a result of the inability to intervene and fix the dangerous situation

If you have any answers to these questions, a Slip and Fall Attorney will tell you right away if you have a successful case.

You must prove that the person who caused the slip and fall had real or constructive knowledge of the unsafe condition in order to hold them liable.

It is often difficult to demonstrate actual information. If a property owner, operator, or controller had actual knowledge of an unsafe situation but decided not to correct it, it is considered actual knowledge. A store manager, for example, would be considered to have direct knowledge or warning of a hazardous situation if he or she knew there was water on the ground and did not clean it up in a timely manner.

If you can prove that a store owner neglected to conduct a proper inspection of the store in order to identify and remove potentially dangerous conditions, you can establish constructive notice. A property owner is required by law to inspect the premises under his or her jurisdiction and to correct any conditions that may endanger others. As a result, if the property owner fails to conduct fair inspections and you are injured as a result of a dangerous condition, the property owner is considered to have constructive notice of the dangerous condition under the statute.

Let's say the owner of a busy store does not routinely walk the aisles to check for tripping hazards. Actual notice is imputed to an individual who fails to perform timely and fair inspections under California law.

The majority of slip and fall cases fail because the injured person fails to photograph the condition that caused him or her to fall and does not contact an experienced Slip and Fall Attorney right away. As a consequence, vital documentation such as video recordings of the accident scene and/or the fall is lost, as is the opportunity to establish notice of a potentially dangerous situation.

If you are injured, take photographs of your surroundings as well as the material that caused you to fall. It's also important to record the exact form, size, and texture of the material that caused you to fall. When a liquid material is scattered over a wide area or leaves several footprints, it is always fair to assume that the substance was on the floor for a long time and that the store owner should have seen and removed it.

What Would a Slip and Fall Attorney Do for You?

A Personal Injury Lawyer will help victims understand the law in California regarding premises liability, as well as their rights and options depending on their individual circumstances. An advocate may also assist claimants in gathering evidence to show that they would not have been injured if the property owner had not been negligent, and as a result, they are entitled to financial compensation for their losses. Your Slip and Fall Attorney will be willing to represent you and your best interests, reaching a just deal on your behalf with the insurance firm. If a just settlement cannot be reached, your counsel will be entitled to take your case to trial.

• In California, the statute of limitations for filing a slip and fall case is just two years from the date of the accident. One of our prescreened Slip and Fall Attorneys will assist you in identifying negligence and doing the necessary research to see whether there have been prior concerns about a danger on the property or any evidence of property owner negligence.
• You can consult a Slip and Fall Attorney if you are injured after slipping or tripping, and falling. And if you're not sure who is to blame, our prescreened Personal Injury Lawyers will help you investigate the circumstances of your accident to see whether you have a case. You would have a valid claim to damages for your injury if another person was negligent in your accident.

If you are hurt, it is important that you seek legal counsel as soon as possible. Proof has a way of dissipating over time. It is in your best interest to contact a Slip and Fall Attorney as soon as possible.

Is it possible for me to negotiate my own settlement?

It might be in your best interests to seek your own compensation in accidents where the injuries are minor scrapes and bruises. Insurance firms, for the most part, would have no trouble covering minor claims. If your injuries are more severe, however, we do not suggest attempting to negotiate your own claim for the following reasons:

Many people make the error of believing that their insurance adjuster is a friend. After all, they seem to be polite and may propose what appears to be a fair settlement. Your case may be worth a lot more in practice, but your adjuster won't tell you. Their whole goal is to give you the least amount of money possible.

People have a habit of undervaluing their own cases. You're a kind, truthful guy who only wants things to be the way they were. You're not hoping for a big win in a lawsuit. People's good nature, on the other hand, seems to encourage them to let the adjuster determine the outcome of their argument. People are willing to accept less when expectations should be much higher to cover pain and discomfort as well as potential expenses. They know it's too late to ask for more as the full extent of their injuries becomes apparent as time passes. When a settlement is made, there are provisions in the agreement that prohibit you from filing any further charges or litigation.

How long would it take for my case to be resolved?

Court cases can take anywhere from 12 to 18 months to settle, while soft tissue cases can take anywhere from 3-6 months.

The length of time it takes to settle a slip and fall case depends on the facts. It's difficult to provide an accurate time frame without knowing the specifics of your situation. The length of time it takes to construct a case is determined by a number of variables. Before accepting a settlement or making clear damage requests in a case, a Slip and Fall Attorney will likely suggest that you make a complete recovery. The case can take longer to resolve depending on the severity of your injuries and whether your Slip and Fall Attorney needs to recruit experts.

Find A Slip and Fall Injury Lawyer in Los Angeles

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