In any slip and fall case, in order to get compensation for your injuries you have to prove four things:
First, you have to show that the person who owns the property, controls the property, or maintains the property was negligent in caring for that property.
The second thing you need to show is that there is a condition on the property that is dangerous, for example, it could be a water spill in a grocery store. That would constitute as a dangerous condition.
The third thing you have to show is that the person who owns the property knew about this condition or should have known about this condition and failed to take the corrective measures.
Finally, you have to show that as a result of the defendant’s failure to take any action to fix the dangerous condition you got hurt. Attorneys at Fisher and Talwar are experienced and specialize in representing clients who have suffered injuries as a result of either a slip and fall or trip and fall accident.
Please give us a call for a free consultation.
Every year, nearly 1,000,000 Californians report to the emergency room due to injuries from a slip and fall accident of some type, according to California Health and Human Services data. There are hundreds of different types of falls, which can include slipping on wet floors, stumbling over wires, or tripping on uneven floors. People can fall to the floor or even fall through a floor. Slip and fall accidents can cause serious injuries. Some of these injuries, especially those to the head and back, can cause ongoing disability.
When you suffer a slip and fall injury because of a property owner’s negligence, you shouldn’t have to pay the costs. Even the initial emergency room visit can be expensive. Add to that the hospital stay, rehabilitation, lost work time, and ongoing lost wages because of disability, and you can be looking at extremely high costs. Instead of paying these costs, consult with experienced slip and fall attorneys in Los Angeles to learn whether you can get compensation. The initial consultation is free – get expert advice with no cost and no commitment.
Slip and Fall Case Results and Success Stories
Slip and Fall Accident at a Hospital
While visiting her father, who was dying of cancer, a woman tripped over electrical cords in his hospital room. She suffered a hip fracture that required open reduction and internal fixation. Because the cords were not properly secured and routed safely out of the way, she argued that the hospital breached its duty to maintain a safe environment.
Slip and Fall Accident at a Shopping Center
A woman slipped and fell in a women’s restroom. She broke her nose, requiring surgery. The floor had recently been cleaned but was still wet and had a soapy residue. There were no warning signs posted either inside or outside of the bathroom. The woman successfully argued that the property owner created a dangerous condition by failing to properly clean the restroom floor and by failing to provide notice to customers that the floor was wet.
Consult with a Knowledgeable Attorney
Insurance companies make money by paying as little as they can get away with for any claim. They will offer you the lowest settlement they think you might take, then try to coerce you into accepting it. They have lawyers and accountants and actuaries on their side. Don’t face them alone. A knowledgeable California slip and fall lawyer can help you. At Fisher and Talwar, you won’t pay a dime in attorney fees until we recover for you. Plus, we don’t pass our expenses on like some lawyers do. After seeking medical attention for your injuries, you should seek a FREE Consultation with our law firm to determine if you have a case involving unsafe premises due to negligence.
Causes of Slip and Fall Accidents
Under California law, property owners have a responsibility to provide a safe environment. Property owners should rectify potential hazards like:
- Floor contaminants – water, grease, food, and debris are common causes of slip and fall accidents at restaurants and bars
- Drainage issues – leaking water is a common cause of slip and fall accidents. Most public places with water can create hazards.
- Clutter – random objects and loose cords in a walking path. Places such as hospitals, grocery stores, office buildings, and construction sites can be full of clutter.
- Poor lighting – inadequate lighting in stairwells, alleys, and near storefronts can create dangerous conditions for dwellers and pedestrians, resulting in accidents.
- Uneven steps & stairs – poorly installed or maintained stairs can be hazardous
- Surface irregularities – unsecured carpeting, dents in tile, and potholes are just some of the hazards in this category. Accidents may happen on sidewalks, shopping centers, driveways, hotels, trains etc.
- Weather-related hazards – property owners and managers have the responsibility to keep their premises reasonably free of hazards such as ice and rain.
Homeowners, business owners, landlords, and just about anyone who owns property and is in charge of maintaining that property can be found negligent in a slip and fall lawsuit.
What Are Common Injuries from Slip and Fall Accidents?
Some commonly occurring, but extremely serious, slip and fall accident injuries include:
- Sprains, fractures, and broken bones
- Joint damage, including shoulder, knee, and hip injuries
- Back and spinal cord injuries
- Severe head injuries, including concussions
These injuries can lead to significant medical expenses.
You Deserve Fair Compensation
If you were seriously injured in a slip and fall accident, you are entitled to compensation for the full extent of your damages. Specifically, you may be able to recover compensation for:
- Emergency medical expenses
- All other medical bills, including treatment and rehabilitation costs
- Costs for needed mental health care
- Required medication or medical devices
- Lost wages, including loss of earning power
- Long-term disability
- Pain and suffering
- Emotional distress
- Disfigurement
- Loss of life enjoyment
Because of California’s comparative negligence law, your compensation may be reduced if you are partially responsible for your injuries. However, don’t let this discourage you if you have significant medical bills. Even if you are partly to blame for your accident, you may still get compensation for a significant share of the total.
What to Do After a Slip and Fall Accident
- Seek Professional Medical Assistance: See a doctor as soon as possible after your slip and fall accident. Nothing should come before your health and safety. Seek medical care even if you don’t think you were injured. Many slip and fall accident injuries occur with a delayed onset. You may be more injured than you initially believe, and you owe it to yourself and to your family to get a proper diagnosis. If you decide to file a lawsuit, supporting medical documentation can help you get compensation. If you do not get treated, it will be difficult to prove your injuries.
- Report Your Accident: Slip and fall accidents in California should be reported as soon as possible. This should include the owner or manager of the property where the accident occurred and any implicated insurance companies. An attorney can help if you don’t know where to report your accident.
- Secure Evidence: You should gather evidence in case you want to consider a personal injury claim. A personal injury claim requires supporting evidence to establish the defendant’s liability and evidence that proves the full extent of your damages. Start thinking about obtaining evidence as soon as possible after your accident, since many types of evidence will begin to deteriorate immediately. For example, if you fail to take pictures of your injuries, you will miss out on the opportunity to do so.
- Consult With a Lawyer: An experienced slip and fall lawyer will review the unique circumstances of your case in order to determine how to best protect your legal rights and financial interests. The California personal injury claims process is complicated. You do not need to go through this process alone. A lawyer’s help can increase your compensation.
Have you experienced a serious slip and fall injury? Get a free consultation with Fisher & Talwar to learn what compensation you might get.
The Basics of California Premises Liability Law – What You Need to Prove in a Slip & Fall Claim
Unfortunately, simply being involved in a slip and fall accident does not entitle you to compensation. In order to recover compensation in a premises liability claim, you’ll need to prove that the property owner breached the duty of care owed to you. A property owner has a duty to:
- Maintain a property in a reasonably safe and hazard-free condition and
- Repair any known hazards on the property within a reasonable amount of time.
Based on this duty, a property owner can be held liable for injuries resulting from a slip and fall accident when:
- The property owner knew or should have known about a hazard on the property, and
- The property owner failed to remedy it within a reasonable amount of time.
For example, consider a situation in which you slipped on spilled milk within a grocery store. If another customer spilled the milk, and you slipped immediately afterward, it’s unlikely that an argument can be made that the property owner should have known about the spill – how could they have? On the other hand, if your slip and fall occurred 15 minutes after the spill occurred, or if the spill was caused by a grocery store employee, then it’s more reasonable to argue that the manager should have known about the spill and had plenty of time to clean it up.
Why Choose Fisher & Talwar
At Fisher & Talwar we have handled all types of personal injury cases and helped clients recover millions for their injuries and losses. Our partners will personally handle your injury claim with determination and vigor from start to finish. We believe that our focus on our clients is what sets us apart in this competitive area of law, and that our results speak for themselves. Your case will be thoroughly investigated, methodically prepared, and, if necessary, fought over in court. Neither you nor your family should suffer the financial consequences of someone else’s negligence. We are prepared to fully resolve your case by recovering the maximum amount possible for your injuries and losses.
Free Consultation
Give us a call at (213) 318-3070 to see how our slip and fall attorneys in Los Angeles can help. For personal injury clients, you will never pay a fee unless we win your case.
FAQs About Slip and Fall Accidents
Under California’s statute of limitations, a person who has been injured in a personal injury accident usually has two years from the date of the accident to file a claim for damages. If you wait longer than two years from the date of your accident, you could be permanently barred from recovery. In some cases, you have less time, perhaps as little as six months. It’s best to talk to a personal injury lawyer as soon as possible.
Losing a loved one is tragic, especially when the loss of life is due to a preventable accident. While nothing will ever replace your loved one or truly compensate you for what you’ve lost, filing a wrongful death claim can provide monetary compensation for medical bills, loss of income suffered by your family, funeral and burial expenses, and more.
Typically, once damages are calculated and a settlement is reached, damages will be paid by the property insurance policy of the at-fault party.
Any time you sustain an injury after slipping or tripping and falling you should speak to an attorney. Even if you are unsure who is to blame, our attorneys can help examine the details of your accident to determine if you have a case. When another party was negligent in your accident, you have a legitimate claim to damages for your injuries.
If you get injured, it is critical that you do not delay seeking legal help. Time has a way of making evidence disappear. The sooner you contact an attorney the better. With a free, no-obligation consultation, you have nothing to lose and the potential for significant gains from talking to a lawyer.
If someone else was at fault for your injuries and you can prove it, chances are you have a case.
Specifically, it is your burden to prove the following elements for a successful outcome:
- Duty on the part of the defendant: Defendant owned, controlled, or operated the premises.
- Notice: Defendant knew or should have known of the condition that caused you harm.
- Dangerous condition: The condition that caused you harm was dangerous, not a “minor” defect.
- Damages: your injuries resulted from the dangerous condition.
We wrote a detailed blog post discussing each of these elements. You can also call us for a free consultation to have our attorney access your circumstances.
The best course of action for an injured person in a slip and fall / trip and fall accident is as follows:
- Seek medical attention.
- Report the accident to the owner / person in charge.
- Document the accident and take photos of the accident scene.
- Collect witness information.
- Preserve the clothing and shoes you wore at the time of the accident.
- Contact an attorney.
For further information we wrote a blog post explaining each item in detail.
Slip and fall cases can be hard to win. You must link the defendant to the property and show that the condition was something the defendant knew about or should have known about. You must demonstrate that. Then, you must connect your injuries to the slip and fall accident, which can be particularly challenging if you have other pre-existing injuries or conditions.
Work with a slip and fall lawyer who has a proven track record of success. Although there are no guarantees in a slip and fall case, a lawyer who understands how to win can give you better odds of success.
Without the details of your accident, it is impossible to determine your case’s value. However, here are some factors that influence case value:
- Wrongdoer’s degree of fault: Under California’s strict comparative liability laws, your compensation is reduced by the degree to which you are at fault for your accident. The property owner only has to pay for their degree of fault.
- For example: a customer spilled a brightly colored sports drink on the floor but didn’t report it to the store. You later slipped on the drink. In this case, a jury might decide that the fault is divided evenly between the unknown customer who made the spill, the property owner who didn’t clean the spill, and yourself who didn’t notice the spill that was as brightly colored as any warning sign. You would only recover 1/3 of your damages from the property owner (though you could get another third if you could find the customer who made the spill but didn’t report it). This would change if the customer immediately reported the spill. In this case, the jury might decide that the property owner was 2/3 responsible for your injuries.
- Severity of your injuries and total extent of damages: The goal of damages in a personal injury lawsuit is to compensate you for your losses. Your losses are measured in economic damages like medical bills (present and future), lost wages, loss of earning capacity, and incidental expenses. It also includes noneconomic damages like pain and suffering and your ongoing diminished quality of life
- Jury: If your case goes to trial, damage awards can vary depending on the jury.
- Availability of money: The actual compensation you receive depends on how much the defendant is able to pay. If the defendant is liable for $100 million, this amount means nothing if they are unable to pay it. In practical terms, this often comes down to the insurance coverage a property owner carries.
It is hard to get a good figure for the average settlement for slip and fall cases in California. In part that’s because the range of settlements is very large, from a few thousand dollars to several millions. However, the most commonly cited figures for this average are $10,000 to $60,000.
On average, cases filed in court may take 12-18 months to resolve, while soft tissue cases may take 3-6 months.
However, the actual amount of time to resolve a slip and fall case is fact-specific. There are many factors that determine how long a case will take to build. We recommend that you make full recovery before you accept a settlement or make specific damage demands in a lawsuit. Obviously, this can be difficult to balance against the statute of limitations for your case. Depending on how severe your injuries are, and whether we have to hire experts, the case may take longer to resolve.
For accurate estimates it is best to call us for a free consultation.
We work on a contingency basis, which means we do not collect any fees unless we win your case. This way you can focus on recovering from your injuries without worrying while we build your case.
We also waive any costs associated with your case. Costs are expenses associated with building your case. They are different from fees and are sometimes passed onto clients by attorneys. Unlike some attorneys, we pass no costs onto our clients.
Please give us a call to discuss your case and attorney fee for successful results.
In accidents where injuries are minor scrapes and bruises it may be in your interest to negotiate your own settlement. For the most part, insurance companies will have no problem settling small claims. However, if your injuries are more serious, we do not recommend trying to negotiate your own claim. Here are some signs that you should not try to negotiate your own settlement:
- Your injuries are not fully healed
- You have persistent pain from your injury
- Your injury impacts your earning capacity
- Your injury reduced your quality of life
- You don’t have all the medical bills from your injury
- You have incidental expenses related to your injury
- The initial settlement doesn’t cover all your bills
In general, trying to negotiate your own settlement results in lower compensation. Here is why:
People think that the insurance adjuster is their friend. It’s their job to appear friendly and convince you that the settlement offer is reasonable. Your case could be worth a lot more, but your adjuster won’t tell you. Their whole purpose is to pay you as little as possible.
You might not know what policies are available to pay your claim or how to find out. Insurance adjusters won’t tell you. Why would they? You may think that the policy limit is $50,000 when there could be several policies with much higher limits.
People tend to undervalue their cases. You are a good, honest person who only wants to get back to the way things used to be. You’re not looking for a lawsuit jackpot. However, insurance adjusters will take advantage of your good nature by getting you to accept a settlement before the full reality of your costs is clear. This settlement might seem reasonable now, but in the future you will understand how much you were underpaid.
However, then it will be too late. Settlements include clauses which prevent you from further claims or lawsuits once a settlement is reached. You have to make sure you get full compensation the first time.
Even if you do not have health insurance, the medical experts we refer you to will treat you on a medical lien. This way, you can receive the necessary medical care and pay your bills after you’ve been compensated from your settlement or verdict.
Recommended Resources
- A summary of slip and fall law
- What to do if you’re injured
- Sending experts to the scene helps build a strong case
- How to save evidence to preserve your claim
- Dangerous conditions that lead to falls on stairs
- Common factors that show negligence in stores
Free Consultation
Give us a call (213) 318-3070 to see how we can help. For personal injury clients, you will never pay a fee unless we win your case.