Premises Liability Attorney Referral Service
What is Considered a Slip and Fall Accident?
A Slip and Fall accident can occur in a number of ways. It is often due to poorly maintained property, slippery surfaces due to water, grease or ice, and may also be caused by uneven surfaces.
Should a property not clearly mark changes to the surface to indicate unexpected steps or slopes along a walkway, then this too can lead to Slip and Fall accidents. They can also occur as a result of tripping over a foreign object, stumbling or tripping due to a change in the integrity of a path, or by falling into an unmarked hole or gap in the path.
All of these issues can be the result of poor maintenance, damage from storms, wear and tear, or because areas are poorly lit. If you encounter an unsafe area in which you experience a Slip and Fall accident, you may be entitled to compensation for your injuries. For such damages to be awarded, it will need to be proved that the property owner did not take “reasonable care” to ensure that their property was safe.
It is also important to understand that you have to bear some responsibility for your actions, and demonstrate that you were taking “reasonable care” at the time the accident occurred.
What is the legal process involved in a Slip and Fall case?
In California you have two years to file a claim following your Slip and Fall accident. However, it is in your best interest to take action as soon as possible.
Claims in excess of $7,500.00 are filed in the California Supreme Court, while those that are less than $7,500.00 can be filed in the California Small Claims Court in your jurisdiction. If you are uncertain where to file your claim, a California Slip and Fall lawyer is best placed to assist you.
In California the court must consider both sides and decide on the “comparative liability” for both parties involved. They will weigh the evidence and decide what party, if any, was more at fault, and who bears the responsibility for the accident.
A decision can then be made based on the severity of the injury, the balance of responsibility, and the fair compensation the property owner should be expected to pay if they are found liable for the injuries sustained.
Considerations for compensation in the State of California include:
- Medical bills
- Loss of earnings due to your injury past, present, and future
- Any costs associated with your care including home care
- Any losses incurred during the fall such as a cane, glasses, or other personal property
- Lost wages due to appointments related to the case, including doctor’s appointments and any form of therapy or procedures required
- Any permanent issues in the form of a disability
- Emotional compensation
- All other costs incurred due to the Slip and Fall injury
How do I choose an attorney who is right for me?
If you wish to proceed with a Slip and Fall claim, you should engage the services of a personal injury attorney. The following should be evaluated when you are choosing a lawyer who is right for you:
- The attorney’s experience with California Slip and Fall law
- How comfortable you feel speaking with the attorney
- What types of cases in this field that the attorney has handled in the past
- The success of the attorney’s past relevant trials and settlement negotiations
- Whether the attorney typically represents the injured party or the property owner in Slip and Fall cases
- Whether the attorney would be personally handling your case, or passing it on to a less experienced associate within his or her practice.
Contact our attorney referral service at 818-340-4529. We can help you find the right attorney for your premise liability case.