Ventura, CA Slip and Fall Lawyer
Slip and Fall Attorney Assisting Injury Victims in Ventura, California
Slips and falls can happen almost anywhere, any injury victims often suffer severe injuries such as broken bones, strains, brains, and contusions. In some cases, a person who is injured in a slip and fall accident can sustain a catastrophic injury such as a spinal cord injury (SCI) or a traumatic brain injury (TBI). Indeed, concussions are somewhat common among slip and fall accident victims, especially when the incident results in a person’s head striking the ground or a nearby object.
If you recently got hurt in a slip and fall accident, you should know this: an aggressive Ventura, CA slip and fall lawyer can assist you with your claim and can help you to seek the financial compensation you deserve. Property owners, as well as tenants and property managers, can be liable when a slip and fall accident occurs, and we will do everything we can to ensure that you are compensated for your losses.
Learning More About Slips and Falls in Ventura, CA
Falls pose very serious injury risks in California, whether they happen at a workplace, at a store or restaurant in Ventura, or at the home of a neighbor. The following are some facts and figures from the National Floor Safety Institute (NFSI) about slips and falls:
- More women than men get hurt in slips and falls, but women sustain fewer fall-related injuries than men;
- Slip and fall accidents lead to approximately 1 million visits to emergency departments every year;
- Slips, trips, and falls account for about 12 percent of all fall-related injuries that require treatment in an emergency department;
- Slips and falls are currently the leading cause of injury that results in lost workdays;
- More than any other type of injury, slips and falls are the accident cited most often in workers’ compensation claims;
- Flooring materials often contribute to slip and fall accidents, and the Consumer Product Safety Commission (CPSC) estimates that around 2 million falls could be prevented with improved flooring materials;
- About 50 percent of falls that are fatal occur in a residential setting, and often in the person’s own home;
- Falls are especially dangerous for older adults, and one out of every three seniors aged 65 and older will experience a fall every year;
- Falls are currently the leading cause of injury death for older adults aged 85 and up, and they are the second-leading cause of injury death for adults between the ages of 65-84;
- Slips and falls are the cause of nearly 90 percent of all fractures or broken bones in people aged 65 and up;
- Slip and fall injuries are the cause of nearly 40 percent of nursing home admissions; and
- Falls are the leading cause of nonfatal injuries in the U.S. annually.
Elements of a Ventura, CA Slip and Fall Accident Claim
If you want to file a slip and fall lawsuit, what elements will you need to prove in order to win your case? The following are the essential elements of a premises liability lawsuit, and slip and fall claims arise under premises liability law in California:
- Defendant owned/leased/occupied/controlled the property;
- Defendant was negligent in the use or maintenance of the property;
- Plaintiff was harmed; and
- Defendant’s negligence was a substantial factor in causing the plaintiff’s harm.
To be clear, a plaintiff does not have to prove that a defendant owned, leased, occupied, and controlled the property. Rather, the defendant only has to fit into one of those categories. For example, leasing the property is enough for the defendant to be liable, as is simply occupying the property or otherwise controlling it.
Negligence in a Ventura Slip and Fall Lawsuit
Now that you know the essential elements of a slip and fall claim, what does a plaintiff have to show in order to prove that the defendant was negligent? Under California law, “the owner of premises is under a legal duty to exercise ordinary care in the management of such premises in order to avoid exposing persons to an unreasonable risk of harm.” Further, “a failure to fulfill this duty is negligence.”
To be clear, property owners—or anyone leasing, occupying, or controlling a property—has an affirmative duty to protect people who are coming onto the property. This affirmative duty could take many forms. For instance, a restaurant owner or manager may need to regularly check the customer path to the restroom, recognizing that many drink spills occur in that area and that a customer could slip and fall. If the owner or manager sees a liquid spill, she has a duty to clean it up to prevent an injury. Or, for instance, if a homeowner knows that the carpeting in the entryway to her home is loose, she has a duty either to replace the carpet or to warn guests about the loose carpeting to prevent a trip and fall incident.
How Much Time Do I Have to File a Slip and Fall Accident Lawsuit in Ventura?
If you plan to file a lawsuit for a slip and fall accident in Ventura, you will need to abide by the California personal injury statute of limitations. Most personal injury cases, including most premises liability lawsuits, need to be filed within two years from the date of your injury. However, in some cases, the “clock” on your claim may be reduced to six months or one year if you need to file a claim against a government agency (for example, if you slipped and fell on public property). You should work with a Ventura premises liability lawyer to get your claim filed as quickly as possible.
Contact a Ventura, CA Premises Liability Lawyer
If you or someone you love recently sustained injuries in a slip and fall accident in Southern California, you should get in touch with a slip and fall accident attorney in Ventura, CA as soon as possible. One of the premises liability lawyers at our firm can assess your case and provide you with options for moving forward. Contact Fisher & Talwar today to get started on your premises liability lawsuit.