Video Transcript
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.
Some of the most common premises liability cases involve accidents where people slip and fall on wet and uneven floors, as well as scaffolding and higher grounds due to improper maintenance or indication of conditions. These accidents often result in serious injuries to the head and the back, where damage can cause profound lasting effects on a person’s life.
The costs involved in-hospital stay, miscellaneous medical bills, rehabilitation, lost work time or disability can be tremendous, thus you should always seek help from experienced slip and falls attorneys in Los Angeles for maximum compensation.
Examples of Recent Clients We Helped
Slip and Fall Accident at a Hospital
Plaintiff went to a hospital to see her father who was dying of cancer. At the hospital, she tripped over electrical cords that were located on the floor in a patient’s room. As a result of the fall, the Plaintiff suffered a hip fracture that required open reduction and internal fixation. The electrical cord attached to a medical monitoring device was not coiled (or routed under the bed) and was laying on the floor adjacent to the left side of the Plaintiff’s father’s bed. Plaintiff successfully argued that Defendant hospital breached its duty to maintain its premises free from the dangerous condition by failing to coil and route the electrical cords away from the area commonly used by visitors.
Slip and Fall Accident at a Shopping Center
Wet Floor in a Public Restroom:
Plaintiff slipped and fell in a women’s restroom located in the defendant’s shopping center where the floor had recently been cleaned but was still wet and had a soapy residue. Neither the inside nor the outside of the bathroom had any signs warning patrons of the wet floor. As a result, she broke her nose and underwent surgery. Plaintiff successfully argued that the Defendant 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
Don’t let insurance companies coerce you into accepting a low settlement. With help from a knowledgeable slip and fall lawyer in Los Angeles, you can increase your total compensation and not pay a dime in attorney fees until they recover for you. After seeking medical attention for your injuries you should seek FREE Consultation with our attorneys to determine if you have a case involving unsafe premises due to negligence.
Causes of Slip and Fall Accidents
- Floor contaminants – water, grease, food, debris (anywhere food is served stored or consumed such as a restaurant, a bar or a club)
- 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.
- Lighting – inadequate lighting in stairwells, alleys and near storefronts can create dangerous conditions for dwellers and pedestrians, resulting in accidents.
- Uneven steps & stairs
- Surface irregularities – unsecured carpeting, dents in tile and potholes are just come of the hazards in this category. Accidents may happen on a sidewalk, shopping centers, driveways, hotels, trains etc…
- Weather – property owners and managers have the responsibility to keep their premises free of hazards such as ice and rain. Homeowners, business owners 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.
You Deserve Fair Compensation
If you were seriously injured in a Los Angeles slip and fall accident, you are entitled to compensation that accounts for the full extent of your damages. Specifically, you may be able to recover compensation for:
- Emergency medical expenses;
- All other medical bills, including 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; and
- Loss of life enjoyment.
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; and
- Severe head injuries, including concussions.
Nine million people are injured in slip and fall accidents every year. These accidents can be far more dangerous than many people realize. In fact, the National Safety Council (NSC) reported that accidental falls were the primary cause of nearly 32,000 deaths in the year 2014 alone. To put this figure into perspective, that makes falls the third leading cause of accidental fatalities in the United States. Only auto accidents and accidental poisonings (mainly drug overdoses) were more deadly. Many tens of thousands more suffer life-altering injuries each year as well.
What to Do After a Slip and Fall Accident:
- Seek Professional Medical Assistance: You need to see a doctor as soon as possible after your slip and fall accident. This is important for a couple of reasons. First, nothing should come before your health and safety. Many slip and fall accident injuries occur with a delayed onset. You may be more injured than you initially believe. You owe it to yourself and to your family to get a proper diagnosis. Further, in order to recover compensation you will need supporting medical documentation. If you do not get treated, it will be very difficult to prove your injuries.
- Report Your Accident: Los Angeles slip and fall accidents should be reported to the proper authorities as soon as possible. Generally, this includes the owner or manager of the property where the accident occurred and any implicated insurance companies. If you have any questions about reporting your accident, an attorney can help.
- Secure Evidence: Ultimately, a personal injury claim requires supporting evidence. Key slip and fall accident evidence can come in many different forms. For instance, you will need evidence that establishes the defendant’s liability and evidence that proves the full extent of your damages. It is critical that you to start thinking about obtaining evidence as soon as possible after your accident. This is because 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: Finally, contacting a qualified slip and fall attorney in Los Angeles is the most important thing you should do after an accident. Your 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.
The Basics Of Premises Liability Law – What Your Need To Prove In A Slip & Fall Claim
Unfortunately, simply being involved in a slip and fall accident–even if it occurs on another’s property–does not entitle you to compensation. Instead, in order to recover compensation under the premises liability theory, 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.
In order to win your suit, you’ll need to prove that the property owner knew or should have known of the hazard, which can be very difficult. For example, consider a situation in which you slipped on spilled milk within a grocery store. If another customer spilled the milk and immediately afterward, within seconds of the spill occurring, you slipped, it’s unlikely that an argument can be made that the property owner (grocery store manager) 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, 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.
FAQ’s About Slip and Fall Accidents
If you have been in a slip and fall accident, you probably have a lot of questions about your rights. Some of the most frequently asked questions that we hear about slip and fall accidents include:
- How long do I have to file a slip and fall claim? Under California’s statute of limitations, a person who has been injured in a personal injury accident 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.
- If a loved one of mine died due to injuries sustained in a slip and fall, can I file a claim on their behalf? Losing a loved one is tragic, especially when the loss of life is due to a preventable accident that occurs well before a family member would die from natural causes. 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.
How will damages for my slip and fall accident be paid? Typically, once damages are calculated and a settlement is reached, damages will be paid by the property insurance policy of the at-fault party.
Why Choose Our Firm?
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. We understand that your prosperity is what truly counts in the end, and we are prepared to fully resolve your case by recovering the maximum amount possible for your injuries and losses.
Law Summary
Just because a person fell and injured themselves doesn’t give them the right to compensation. The law states that the injured individual must prove four important elements to have a successful case.
Learn about Slip and Fall law.
What To Do If Injured
If you or your loved ones were injured on public or private property, it may not be too late to make use of the following tips.
Impact Of Expert’s Opinions
One of the ways to build a strong case is to send experts to investigate the scene as soon as possible to form a credible opinion. Having an expert on your side can mean the difference between winning and losing.
Learn why experts are important to your case.
How To Preserve A Claim
You can help your slip and fall attorney in Los Angeles make an effective argument by preserving the clothes and shoes worn at the time of the accident. We wrote a detailed post describing what to do.
See the 2 crucial tips to help you preserve your claim.
Fell On Stairs
Steps, stairs and staircases that are considered to be dangerous or do not meet the building code can be cause for a lawsuit. We discuss some of the common conditions that result in stair accidents.
Fell In Store
Grocery stores and shopping centers are common places for liquids to be spilled on the floor. Just by slipping on a liquid may not be cause for a lawsuit. We discuss factors that may show the owner, manager or employees were negligent in their behavior.
Free Consultation
Give us a call at (213) 805-7706 to see how our slip and fall attorneys in Los Angeles help. For personal injury clients, you will never pay a fee unless we win your case.
When should I talk to an attorney?
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.
Do I have a case?
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 causes you harm was dangerous not “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.
What is the best course of action?
The best course of action for an injured person in a slip and fall / trip and fall accident is as follow:
- 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 were at the time of the accident.
- Contact an attorney.
For further information we wrote a blog post explaining each item in detail.
What's my case worth?
Without the details of your accident it is impossible to determine a value for your case.
With that said, here are a few factors that go into consideration for case values:
- Wrongdoer’s degree of fault – a case where the defendant is clearly at fault will be worth more than one where the fault is partial.
Example: a store manager spills a clear liquid, fails to mark the hazard and takes a lunch break. A customer slips and falls sustaining injuries. The video tape evidence shows the defendant is 100% liable. Whereas a child drops something on a floor and his father slips seconds later does not show liability. - Severity of your injuries and total extent of damages. People who have permanent injuries will have a higher case value than those with soft tissue injuries. Other factors that determine damage amounts include medical bills (present and future), lost wages, pain and suffering, loss of earning capacity and incidental expenses.
- 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.
How long is my case going to take?
Cases filed in court may take 12-18 months to resolve, while soft tissue cases may take 3-6 months.
The actual amount of time to resolve a slip and fall case is fact-specific. Without the facts of your specific situation it is difficult to come up with an accurate time frame. There are many various 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. Depending how severe your injuries and whether we have to hire experts, the case may take longer to resolve.
For accurate estimates it is best to give us a call for a free consultation.
What are your fees?
We work on 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.
Can I negotiate my own settlement?
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 is why:
People make the mistake of thinking that the insurance adjuster is their friend. After all, they seem friendly enough and may offer what seems like a reasonable settlement. In reality, 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.
Sometimes there is more than one policy available to pay your claim, but you may not know that. Insurance adjusters won’t tell you either, why would they? You may think that the policy limit is $50,000 when in reality 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, this good nature in people seems to allow them to let the adjuster dictate the outcome of their claim. When demands should be much higher to cover pain and suffering as well as future expenses, people are happy to accept less. Only when the full extent of their injuries becomes evident as time passes, they realize that it’s too late to ask for more. Settlements include clauses which prevent you from further claims or lawsuits once a settlement is reached.
I have no insurance / medical bills are too high, how can I pay them?
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.
LAW SUMMARY
Just because a person fell and injured themselves doesn’t give them the right to compensation. The law states that the injured individual must prove four important elements to have a successful case.
WHAT TO DO IF INJURED
If you or your loved ones were injured on public or private property, it may not be too late to make use of the following tips.
IMPACT OF EXPERT’S OPINION
One of the ways to build a strong case is to send experts to investigate the scene as soon as possible to form a credible opinion. Having an expert on your side can mean the difference between winning and losing.
HOW TO PRESERVE A CLAIM
You can help your attorney make an effective argument by preserving the clothes and shoes worn at the time of the accident. We wrote a detailed post describing what to do.
FELL ON STAIRS
Steps, stairs and staircases that are considered to be dangerous or do not meet the building code can be cause for a lawsuit. We discuss some of the common conditions that result in stair accidents.
FELL IN STORE
Grocery stores and shopping centers are common places for liquids to be spilled on the floor. Just by slipping on a liquid may not be cause for a lawsuit. We discuss factors that may show the owner, manager or employees were negligent in their behavior.
Free Consultation
Give us a call (213) 891-0777 to see how we can help. For personal injury clients, you will never pay a fee unless we win your case.
Other Los Angeles Practice Areas
Personal Injury | Auto Accidents | Bicycle Accidents | Pedestrian Accidents | Wrongful Death | Motorcycle Accidents | Truck Accidents | Bus Accidents | Defective Products | Dog Bites | Slip & Fall Accident | Boat Accidents | Bone Fractures | Brain Injuries | Burn Injuries | Construction Accidents | Crane Accidents | Defective Drugs | Distracted Driving Accidents | Drunk Driving Accidents | Electrical Shock Accidents | Elevator Accidents | FedEx Truck Accidents | Gas Station Slip & Fall Accidents | Longboarding Accidents | Premisis Liability Accidents | School Bus Accidents | Spinal Cord Injuries | Swimming Pool Accidents | Train Accidents |