San Rafael Slip and Fall Lawyers​

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Putting the “Personal” back in injury law
  • 50 years of experience fighting for injured Californians
  • A contingency fee arrangement, meaning NO LEGAL FEES unless we win your case
  • A legal team that puts you first

Kuvara Law Firm Secures $410,000 for Injured Shopper

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A 68-year-old woman tripped on unseen steps in a store, suffering severe fractures in both arms, including displaced ulna and radial head fractures. She underwent emergency surgeries, with a prosthetic replacement in her left arm. We assisted her in obtaining funds for in-home support during recovery and negotiated a substantial pre-litigation settlement. Additionally, we reduced her outstanding medical bills, ensuring a swift and cost-effective resolution to her case.

At Kuvara Law Firm, You’re More Than a Case Number

What Are the Legal Duties of Property Owners in California?

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In California, property owners have a duty to keep their property free of dangerous conditions. If there is a dangerous condition, and it cannot be remedied in a timely manner, property owners must warn visitors of the hazard. Failure to do so is considered a breach of the property owners’ duty to warn.

What Constitutes a Dangerous Condition?

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In premises liability law, a dangerous condition refers to any situation on a property that presents an unreasonable risk of harm to people on the premises. Such conditions are typically characterized by their likelihood to cause injury, and they often arise from issues like poor maintenance, design flaws, or neglect. Common examples include slippery floors, uneven sidewalks, faulty staircases, inadequate lighting, or exposed wiring. To hold a property owner liable, it must be proven that he or she knew or should have known about the dangerous condition and failed to take appropriate action to fix it or warn visitors.

Key factors in determining a dangerous condition include the foreseeability of harm, the severity of the injury, and the owner’s ability to rectify the issue. The injured party must also demonstrate that the injury was directly caused by the dangerous condition. Property owners are generally expected to conduct regular inspections and maintenance to ensure the premises is safe. The standards of care and liability may vary depending on the type of property (residential, commercial, public) and the legal status of the visitor (invitee, licensee, trespasser).

Consider a store that has a set of brick steps leading to its front door. One of the bricks has become loose and has cracked into a couple of pieces. Although the property owner knows about the brick, the property owner lets several weeks go by without repairing it.

One day, a customer trips over the brick, falls, and breaks her ankle. In this case, the customer would likely be entitled to damages because the property owner knew about the dangerous condition and did not repair it or warn visitors about it.

Spills are another example of a dangerous condition. However, whether slip and fall victims will be compensated for their injuries depends on the nature of the spill. For example, if a customer slipped on spilled juice that had been ignored by grocery store employees for an hour, the customer would likely receive damages.

If the spill had just occurred in the past few minutes, and store employees had not had a chance to notice the spill, obtaining damages may be more difficult.

Slip and Fall Accidents Cause Serious Injuries

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Slip and fall accidents are a significant cause of injury, accounting for over 1 million emergency room visits annually in the U.S. They are the leading cause of workers’ compensation claims and the primary cause of lost workdays. For older adults, these falls often result in serious injuries, including fractures and head trauma, leading to long-term complications or fatalities. Statistics highlight the critical need for preventive measures to reduce the frequency and severity of such accidents.

Common Slip and Fall Injuries

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Slip and fall accidents can result in a variety of injuries, ranging from minor bruises to severe, life-altering conditions. The nature and severity of injuries depend on several factors, including the fall’s height, the surface on which the person lands, and the individual’s age and physical condition.

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Fractures: Fractures are among the most frequent injuries in slip and fall incidents. These occur when the impact of the fall causes bones to break or crack. The wrists, arms, ankles, and hips are particularly vulnerable. Elderly individuals are at higher risk for hip fractures, which can impact mobility and quality of life.

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Sprains and Strains: Ligaments and tendons can be stretched or torn during a fall, leading to sprains and strains. Ankle and wrist sprains are common as individuals instinctively try to break their fall. These injuries can cause significant pain, swelling, and reduced mobility.

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Head Injuries: Head injuries are particularly concerning in slip and fall accidents. A person may suffer a concussion or a more severe traumatic brain injury (TBI) if they hit their head during the fall. Symptoms of head injuries can range from mild (headaches and dizziness) to severe (loss of consciousness, cognitive impairments, and personality changes).

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Spinal Cord Injuries: Falls can result in spinal cord injuries, particularly if the impact is significant. These injuries can cause partial or complete paralysis, depending on the injury’s location and severity.

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Cuts and Abrasions: Slip and fall accidents can also cause cuts and abrasions, especially if the surface is rough or sharp. These injuries can vary from minor scrapes to deep lacerations requiring stitches.

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Knee Injuries: Falling on a bent knee can cause injuries such as patellar fractures, dislocations, or ligament tears (e.g., ACL injuries). These injuries can lead to long-term pain and instability, often requiring surgical repair and extensive rehabilitation.

Prompt medical attention and appropriate treatment are crucial for recovery, and preventive measures should be implemented to minimize the risk of such accidents. When injuries are severe enough to warrant costly medical treatment and prolonged time off work, compensation should be sought with the help of a slip and fall lawyer.

Damages Available in a Slip and Fall Claim

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Economic Damages

Non-Economic Damages

Punitive Damages

Top Causes of Slip and Fall Accidents in San Rafael

Slip and fall accidents in San Rafael are often caused by several common hazards: 

  • Wet or slippery surfaces from rain or spills
  • Uneven flooring or pavement (cracked sidewalks, loose tiles)
  • Poor lighting in parking lots, stairwells, and hallways
  • Cluttered walkways and obstructions (cords, debris)
  • Inadequate maintenance (broken steps, railings)
  • Adverse weather conditions during rainy seasons

Property owners and managers in San Rafael must address these hazards promptly and ensure proper maintenance and safety protocols to reduce the incidence of slip and fall accidents, thereby protecting residents and visitors alike.

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What If I Was Partially At-Fault for My Slip and Fall Accident?

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What Do I Need to Prove in a Slip and Fall Case?

Slip and fall cases are a type of personal injury claim known as premises liability cases. To win this type of lawsuit, you will need to prove:

  1. The other party (defendant) owned, leased, occupied, or controlled the property;
  2. The defendant was negligent in using or maintaining the property;
  3. You (plaintiff) were harmed by slipping and falling on their property; and
  4. The defendant’s negligence was a substantial factor in causing your injuries.

Negligence is a legal concept that means that someone failed to act as a reasonable person would in a similar situation. In slip and fall cases, you can prove negligence by showing:

  1. There was a condition on the defendant’s property that created an unreasonable risk of harm;
  2. The defendant knew or should have known about the hazard with the exercise of reasonable care; and
  3. The defendant failed to repair the hazard, protect people from getting hurt by it, or to give adequate warning about it.

For example, a bottle of cooking oil was dropped at a grocery store, creating an incredibly slippery surface. A customer told the manager about the spill. The manager was busy at the time, so he or she didn’t make sure that it was cleaned up, close off the aisle, or put up a warning sign to let shoppers know that there was a spill. If someone slips and falls because of this spill, the grocery store could be responsible for any losses suffered.

Frequently Asked Questions About California Slip and Fall Accident Cases

How Long Do I Have to Sue for a Slip and Fall Accident?

I Fell at My Friend’s House, and I Don’t Want to Sue Them. What Should I Do?

I Fell On a Broken Piece of a Sidewalk That Is Owned By My Town. Can I Sue the City?

Call Kuvara Law Firm Today to Discuss Your Slip and Fall Claim