SLIP AND FALL ACCIDENTS
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.
ELDERLY SLIP AND FALL
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.
What Should You Do After a Slip and Fall?
Seek medical care immediately
Check to see what caused your slip and fall
Organize all documents and information
Do not ruin any evidence
Take photos of the dangerous condition
Ask for surveillance footage/video
Find any witnesses and get their contact information
File an incident report at the store
Make sure management is aware of the accident and injury
Contact an attorney
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.
How Can You Recover Compensation From A Slip and Fall Accident?
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
How Long Do I Have to File a Slip and Fall Lawsuit in California?
Statute of Limitations in California
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.
Common Places Where Slip and Fall Accidents May Occur
Slip and Fall Accidents can happen in many different places. The most common are commercial, residential, and government properties.
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.
Common Causes of Accidents at a Grocery or Drug Store:
- 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
Contact a Slip and Fall Specialist Now
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.