Slip and Fall Accidents
A slip and fall (or a trip and fall) injury can happen anywhere, from the grocery store to your neighbor’s sidewalk. The term “slip and fall” is a category of legal actions (usually recovered under the premises liability theories) that cover a wide variety of situations where someone is injured on someone else’s property. It includes trips and falls as well as any other falling-related accident. Some of the most common causes of this type of injury include:
- Torn carpeting
- Poorly maintained flooring or sidewalks
- Unmarked dangerous areas
- Uneven flooring or sidewalks
- Wet or slippery floor tiles or other surfaces
- Unsafe stairs or inclines
In general, property owners have a duty to you to keep their property safe for visitors like you. When they neglect that duty, and it causes your injury, then you may have a legal claim. This claim can help you address costs related to your accident, such as medical expenses, lost wages, and pain and suffering damages.
Proving Your California Slip and Fall Claim
Like every lawsuit, you must prove that certain facts are true to be successful. The events that you must show in a slip and fall lawsuit are very specific in California. They include:
- The defendant either owned, occupied, leased, or controlled the property where you were injured
- The defendant was negligent in the use or maintenance of the property (e.g., the owner or occupier knew or should have known about the dangerous condition on the property, and failed to repair or address the condition, or in some cases, failed to simply place a warning)
- There was a hazardous condition on the property which caused you slip/fall and sustain injuries
- The defendant’s negligence was a substantial factor in causing your injuries
In some cases, the property owner can simply place a warning about the condition rather than repairing it, as well.
Damages in a Slip and Fall Case
As stated above, you must show that your injuries were directly related to your slip and fall. Damages can be economic and/or non-economic. Some of the most common damages include:
- Lost wages
- Loss of earning capacity in the future
- Medical expenses already incurred
- Future medical expenses
- Damages related to pain and suffering
- Loss of enjoyment of life
In general, monetary damages are designed to put you back in the position you were in before the accident occurred. While money can never fully address your pain and suffering and the other non-monetary damages you endured, it is really the only way that California law has to address these damages.
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Comparative Fault in Slip and Fall or Trip and Fall Cases
In some slip and fall cases, you can be partially responsible for your injuries. Perhaps you were not watching where you were going, or maybe you ignored warning signs that indicated you were in a dangerous area. You might not have been permitted to go where you were injured, for example. Even your footwear could have been partially to blame for a trip and fall.
If you feel you were partially or even fully at fault for the accident, that should not prevent you from talking to a slip and fall lawyer about your situation. California is a pure comparative negligence state. That means that your portion of the fault might reduce the amount of money you can get, but it will not cut off your rights entirely. Always keep in mind that the accident does not have to be solely the property owner’s fault for you to have a legal claim.
Other Factors Affecting a Premises Liability Claim?
As a general rule, a property owner’s duty is to maintain the space so that third parties will not be injured. Although California no longer imposes duties on an owner or an occupier of premises solely on the bases of invitee, licensee, and trespasser, these distinctions may still play some role in determining the fault. Here is the difference between those categories. An invitee is anyone who was invited on to the property for the benefit of the property owner. The most common example is a shopper at a store or similar facility. A licensee goes on a property for their own benefit. The most common example is a neighbor or friend who stops by on a private property to visit. A trespasser was not invited on the property and is not welcome. However, the property owner still owes even trespassers a minimum duty to keep the area safe.
California does not specifically focus on distinguishing among the legal statuses of the visitors. Instead, the main focus is on whether the property owner was reasonable in keep their property safe.
Getting Legal Help Before the Statute of Limitations in California Runs Out
Every type of a legal matter has what is commonly known as a “statute of limitations.” This law sets out how long after an accident or injury you have to assert a lawsuit. Statute of limitations essentially puts time limits on when you can file a lawsuit.
The time limit for slip and fall claims in California is usually two years. The limitation is much shorter if you are asserting a claim against a governmental entity.
You should take action to find an attorney to help you with your case long before this two-year deadline. Your attorney will be able to gather facts on your behalf and investigate your claim better when you do not wait to make that initial contact. If you are ready to schedule an appointment to discuss your potential legal claim, use our step-by-step guide to get started.
