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  • CALIFORNIA PREMISES LIABILITY LAW

California Slip and Fall Injury Claims Lawyers

Injured in a slip and fall on commercial or residential property? Our California premises liability attorneys fight insurance companies to recover your claim.
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  • CALIFORNIA PREMISES LIABILITY

Protecting Slip and Fall Injury Victims

Slip and fall injuries and accidents can be very serious. Slipping and falling at a grocery or drug store can be very dangerous and could lead to fractures, wounds, bruises, and in severe cases concussions and other traumatic brain injuries (TBI).
Slip and fall claims are common and insurance companies will often try to settle your claim for much less than what you truly deserve. The insurance company may even blame the cause of the trip or slip on you and entirely deny your claim. Accordingly, this is why it is important to hire an attorney who specializes in trip and fall cases to help prevent insurance companies from taking advantage of you and compensate you properly for your injuries.
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  • ELDERLY PREMISES LIABILITY

Senior Slip and Fall Injury Claims

Slip and fall accidents are unfortunately prevalent for elderly over the age of 65. According to the National Floor Safety Institute (NFSI) of all fractures, hip fractures are the most serious and leads to major health problems and even death. Due to the fragility of elderly people’s bones a fall could be extremely dangerous and may cause long term care and rehabilitation.
You have a right to expect that reasonable precautions be taken to protect you from harm, and if such precautions are not taken, resulting in a dangerous situation, you may be entitled to compensation for any losses or injuries. A property owner must correct reasonably foreseeable circumstances that could cause a slip and fall.
If it had snowed the night before and an elderly relative slipped and fell on ice that had not been cleared from a walkway, the owner could be held liable for their injuries because it was reasonable to expect the ice to be cleared the next day. During this season, building owners are legally responsible for shoveling sidewalks, plowing streets, and salting pathways.
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  • IMMEDIATE ACCIDENT PROTOCOL

Steps to Take After a Slip and Fall

Follow these critical post-accident steps after a slip and fall to preserve scene evidence, file an incident report, and protect your personal injury claim.

Treating your injuries should be your number one priority. Accordingly, seeking medical care will be used as the primary evidence if you have a claim.

Figuring out the origin of your fall will make it easier to settle your claim. Accordingly, look to see if the area was wet, if any merchandise spilled on the floor, or if there were any hazardous conditions around the scene of the fall.
Save and organize all medical bills, statements, police reports, incident reports from the property owner where you fell, important dates, location address you were injured, your medical care providers, and anything else that may be important to your claim.
Do not wash your shoes or damage them in any way. Also do not clean off any dirt or blood on your clothes. Your shoes and clothes may be used as evidence in determining the seriousness of your fall.
Take a photo of the surrounding area of the fall. Look to see if there are any absent warning signs or hazards that may have caused the accident. Also take photos of any bandages, casts, bruises, a neck brace, or anything related to your injury.
Ask security for any footage and video that may help strengthen your claim.
Any witnesses at the scene of the fall would be extremely beneficial. You should get their contact information immediately.

Make sure management is aware of the accident and injury

You should immediately contact and speak to a personal injury attorney as soon as you or a loved one have been injured. A personal injury attorney will guide you through the stress of dealing with insurance companies and will help you fight for the right amount of compensation you deserve.
  • PROOF OF NEGLIGENCE

Proving Property Owner Liability & Negligence

You or your attorney will first need to prove that the defendant is at fault before receiving compensation for a slip and fall accident. In most cases, this entails demonstrating his or her negligence. Negligence is a legal term that refers to a person or party’s failure to meet the standard of care that a reasonably prudent person would observe under a similar circumstance or situation. An individual or party that does not abide by such standards can be liable for negligence.
In a slip and fall claim, a property owner, manager, or maintenance person may be held accountable for negligence if they fail to check for dangers or known hazards. A slip and fall lawsuit falls under the category of premises liability and requires that the defendant’s negligence must be caused by clear and convincing evidence. Accordingly, there are certain elements that must be proven in order to justify negligence in a slip and fall case:
  • Defendant owned/leased/occupied/controlled the property
  • Defendant was negligent and failed to provide ordinary care in the use or maintenance of the property
  • The plaintiff was harmed due to the negligent care of the property
  • The defendant’s negligence was a substantial factor in the cause of the injury
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  • CALIFORNIA FILING DEADLINES

Slip and Fall Statute of Limitations

A statute of limitations is a state law that limits the amount of time you have to file a lawsuit in the state’s courts. The amount of time varies depending on the type of case you wish to file. California Code of Civil Procedure section 335.1 sets a two-year deadline for a slip and fall injury claim. You should consult an attorney for further information on the statute of limitations and how it may apply to your case. It’s important to remember that if you file a lawsuit after the statute of limitations has expired, the property owner will most likely urge the court to dismiss the case.
  • PROPERTY LIABILITY TYPES

Common Slip & Fall Locations

Commercial Property

Commercial property is typically referred to a building that houses businesses or land intended to make profit. A business owner, property manager, or building owner may be liable for a slip and fall injury if they created an unsafe environment, knew about the unsafe environment, and did not reasonably fix the unsafe condition, causing the victim to slip and fall.

Residential Property

Residential property is zoned specifically for living either for individuals or households. This may be single family dwellings to multi-unit apartment buildings. If someone was injured in a fall in a residential facility or apartment complex, the property owner may be required to compensate tenants or visitors. A landlord or building owner may be liable for a slip and fall injury if they created an unsafe environment, knew about the unsafe environment, and did not reasonably fix the unsafe condition, causing the victim to slip and fall.

Government Property

Government property is all property owned or leased by the government. Government property may be government agencies, libraries, or parks. For example, if you tripped on an uneven pavement on a public walkway in Los Angeles, you may be entitled to file a lawsuit against Los Angeles County for failing to fix the problem in a timely manner.
  • RETAIL HAZARDS & LITIGATION

Grocery Store Slip and Fall Attorneys

Injured by a wet floor or hazard in a grocery store? Yamin Law Group helps California victims stand up to insurance companies and recover maximum compensation.

Common Retail & Supermarket Hazards

  • Items falling from shelves
  • Slippery floors
  • Wet floors are usually the cause of slip and falls at stores
  • Damaged shopping carts
  • Pavement obstructions outside the store
  • Shelves not secured safely to the wall
  • Missing floor mats
  • Parking lot potholes
  • Defective sidewalks
  • Messy floors
  • Freshly mopped or waxed surfaces
  • Damaged handrails
  • FREE CASE EVALUATION

Schedule Your Free Slip & Fall Consultation

Yamin Law will devote all necessary resources and time to your cause, whether through settlement discussions or litigation over your slip and fall claim. A slip and fall accident lawyer can assist you with your claim, handle insurance company correspondence, and give competent legal counsel if a lawsuit is filed. If you slipped and fell on a wet floor in a grocery store or on a private land due to unsafe conditions, we provide strong legal representation in a wide range of injury claims. It is our goal to not allow insurance companies to coerce our clients into accepting compensation less than what they deserve. Schedule a free consultation with an attorney now to learn how much your claim might be worth.
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