How To Know If You Have A Winning Slip & Fall Claim
Slip-and-fall accidents can happen anywhere, at any time. In fact, they make up roughly 30% of all reported injuries. Slip-and-fall accidents can occur in a grocery store, a restaurant, a mall, or even on a sidewalk. In California, however, property owners have a legal duty to maintain their premises in a reasonably safe condition for those who are legally on the property. This includes taking steps to prevent slip-and-fall accidents. If you or a loved one has been injured in a slip-and-fall accident in California, talk to a slip -and-fall lawyer or at least read on to make sure you understand your legal rights. What is a Slip-and-Fall Accident? A slip-and-fall, as the name describes, is an accident that occurs when someone slips, trips, or falls. The injured individual may have a claim if the accident was due to hazardous conditions on someone else’s property. These accidents can result in serious injuries, including broken bones, back, and neck injuries, and even traumatic brain injuries. Premises Liability Law in California In California, property owners have a legal duty to maintain their premises in a reasonably safe condition for those who are legally on the property. This includes taking steps to prevent slip-and-fall accidents. The duty of care that a property owner owes to visitors on their property depends on the visitor’s status on the property. An experienced California slip-and-fall lawyer can likely help you with your case, no matter the category you fall into. However, you should still know the different types of visitors on any given premises. Visitors can be classified into three categories: invitees, licensees, and trespassers. Invitees are individuals who are invited to the property for business or other lawful purposes. Property owners owe the highest duty of care to invitees and must take reasonable steps to discover and fix any dangerous conditions on the property. Licensees are individuals who are on the property with the owner’s permission, but for their own purposes. Property owners owe a moderate duty of care to licensees, meaning they must warn them of any dangerous conditions on the property that they know about. Trespassers are individuals who are on the property without the owner’s permission. Property owners owe the lowest duty of care to trespassers and are generally not liable for injuries they sustain on the property. Proving Liability in a slip-and-fall Accident In California, slip-and-fall injury cases are based on the legal concept of negligence. Negligence is the failure to exercise reasonable care, resulting in harm to another person. To prove negligence in a slip-and-fall case, the plaintiff (the person who was injured) must show that the property owner had a legal duty to maintain the property in a reasonably safe condition, that the property owner failed to fulfill that duty, and that this failure was the cause of the plaintiff’s injuries. In order to prove liability in a slip-and-fall accident case, the plaintiff and their lawyer must prove negligence by showing that the property owner knew or should have known about the dangerous condition on the property and failed to take reasonable steps to fix it. Proving that the property owner knew or should have known about the dangerous condition can be done through various ways: The injured individual must also show that the property owner’s failure to take reasonable steps to fix the dangerous condition was the cause of their injuries. Examples of slip-and-fall Accidents How Much Could My Case Be Worth There’s hardly such a thing as an exact average in cases like slip-and-fall claims which have so many factors with their own nuances. However, the average settlement for slip-and-fall cases in California can range from $15,000 to about $50,000. Determining Factors One of the most important factors is the category of visitor the plaintiff falls under, as it determines the degree of negligence on the part of the defendant. Your attorney’s experience with slip-and-fall cases will influence what legal details they can leverage to make sure you fall under the right category and receive more compensation. Types Of Damages All of the above factors will determine whether or not you can win your case. However, in a California-based slip-and-fall case, attorneys seek compensation for the plaintiff based on certain types of damages including: How To Estimate The Potential Compensation Available For Your Unique Claim Slip-and-fall compensation in California depends on the specifics of the case. Aspects taken into consideration include: Generally speaking, the graver the injuries and impact on the plaintiff’s life, the potential for compensation rises to reflect damages. Always consult with an experienced slip-and-fall attorney to evaluate the potential compensation in a specific case before taking any legal action. Contact A Slip-And-Fall Lawyer To Help You Win Your Slip-And-Fall Case There are many legal nuances factoring into whether your claim can win out and by how much. Regardless, staying aware of your legal rights is an absolute must if you want to build a winning case. Attorneys help navigate the complexities of slip-and-fall accidents and cover your legal blindspots through expertise. However, not all California attorneys will be the right fit for your slip-and-fall case. With so much on the line, you need to choose the right representative from the right law firm. Kuvara Law Firm has established itself as a leader in resolving personal injury claims throughout Northern California. For the last 40 years, our sole focus has been on obtaining compensation for those injured by others’ negligence. Through the years, we have recovered millions of dollars for victims resulting from car accidents and other wrongdoings. Whether you’re near our San Rafael headquarters, or elsewhere in Northern California, we have law offices across the region. Our experienced slip-and-fall attorneys are ready to fight for your claim.Have you or a loved one suffered a slip-and-fall accident due to someone else’s negligence? Don’t leave your case to chance; contact us today to win the compensation you deserve.
A Slip And Fall Injury May Be More Dangerous Than You Think
Slip and fall accidents happen when you least expect them and sometimes end up being more dangerous or devastating than it can at first appear. You may trip or slip on someone else’s property because of a hazard that wasn’t apparent, and these accidents can result in serious injuries. A slip and fall accident sometimes happens in a public place such as a store which had a slippery floor, torn carpet or uneven flooring. On someone else’s property, you may fall because of poorly lit walkways or lack of handrails. In parking lots, slip and fall accidents happen because of potholes, snow, rain, ice or spilled liquid such as oil or gas. Injuries from Slip and Fall Accidents While a slip and fall can cause injuries to someone of any age, they can be especially dangerous for elderly adults who are very susceptible to broken bones. If you or a loved one is injured because of an unexpected hazard on someone else’s property, you may end up needing extensive medical care or rehabilitation. This can result in the need for ongoing medical care and costly medical bills. Injuries that can occur because of a fall include: Fractures of hips or ankles. Hip fractures can be devastating to elderly adults because they may require surgery and/or hospitalization. Head injuries – Bad falls may result in a traumatic brain injury, which could impact the quality of your life on a long-term or permanent basis. Head injuries can also cause concussions or skull fractures. Back and spinal cord injuries – The impact of a fall can cause a slipped disc or fractured vertebrae. In severe falls, the spinal cord may be damaged, which could lead to permanent paralysis. Sprains or strains – These are less severe injuries but may still lead to long-term pain, time out of work and the need for physical therapy. Injuries from slip and fall accidents can vary in severity. Some people experience scrapes and bruises, while others suffer injuries that impact their lives on a long-term or permanent basis. Long-term problems caused by a fall are especially likely if the victim is an elderly person. What to Do After a Slip and Fall Accident If you or a loved one has fallen on someone else’s property or a public area or parking lot in California, you should file an accident report. If there were any witnesses, try to get statements from them regarding what they saw. Document detailed information about what caused the fall. Make note of weather conditions, hazards that weren’t noticeable, and information about lighting. Take pictures if you can which shows the location and anything that may help clarify the circumstances of the accident. Determining Who Was at Fault What happened to you may or may not have been the fault of the property owner. You might think it was obvious that there was a problem that the owner should have noticed such as poor lighting, no handrail, or broken stairs, but it’s not always easy to prove. It will need to be determined whether a reasonable person would have noticed the hazard and whether the property owner actually had time to address the problem before the accident occurred. It will also need to be determined whether your own carelessness contributed to the accident in any way. Another question that will come up is how long the hazard existed before you ended up falling. If the property owner typically keeps up the property, but a spill happened that he never had a chance to address, he won’t be found liable. Find Out if You Have a Case It’s always best to discuss an accident with a personal injury lawyer to determine whether you do have a case. Contact Kuvara Law Firm using the form on this page, and we will get back to you promptly.
