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How To Prove A Slip And Fall Claim In California

Finding Evidence For A Solid Slip And Fall Accident Claim

It's easy to blame slip and fall accidents on personal carelessness. However, it could be that you got into an accident because the owner or manager of the premises didn't address the present hazards in the first place.

That said, you can sue for slip and fall accidents in California. You only need to find evidence and build a solid claim.

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Slip and fall accidents in California can happen in multiple ways, including:

  • Cobblestones, pavement, or walkways that are uneven, damaged, or cracked

  • Cobblestones, wet or slippery surfaces, or sidewalks

  • Open grates or unmarked potholes on a sidewalk

  • Driveways with a steep slope

  • Bad lighting

  • Blocked aisles in stores

  • Flooring that is slick or wet due to liquid spills, ice, snow, rain, or other precipitation

  • Uneven or small steps or stairs

  • Inadequate or missing railings

  • Unsafe railings or balconies

  • Changes to the flooring and torn carpet

  • Curbs, obstructions, or potholes that are obscured or buried

  • Exposed roots from trees

  • Ground-level wires or cords

  • Low-hanging wires or cord

  • Road, bridge, sidewalk, and walkway construction risks, including dropped objects

If you've been injured for any of the above reasons, you should consult with a California Personal Injury Attorney ASAP. They'll be able to collect and compile your evidence, so they can get you the compensation you need to fully recover from your injuries.

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What Losses Are Recoverable In A Slip-and-Fall Liability Case?

Compensation for the following expenses can be recovered from the negligent property owner in a slip and fall injury lawsuit:

  • Bodily impairment, emotional distress, and pain and suffering

  • Hospital, medical, and incidental costs

  • Lost earnings and earning potential

  • Punitive damages when flagrant or extreme misbehavior occurs

If you contributed to the accident, you could still be able to claim damages against the property owner, but your reward will be smaller financially.

A California wrongful death case may be filed by the surviving spouse, children, or other family members of a person who passed away due to the slip and fall event. The decedent's loved ones may file a claim for financial support, hospital, funeral, and burial costs, as well as the loss of the decedent's companionship, love, and devotion.

What Do I Do If I Get Hurt on Someone Else's Property?

Collect proof of the hazardous situation. Before someone goes out and repairs the issue, it's vital to document it, revealing the physical characteristics of the height, width, depth, and nature of the substance.

Here are a few ways to ensure maximum compensation for your slip and fall injuries in California:

1. Collect Evidence

  • Put your shoes away. Do not put on the shoes you were wearing when you fell again after falling. They might have signs of oil or other debris on the bottom, although those signs could be removed with time and use. Your lawyer might need to hire a professional to look at the shoes. Experts frequently examine the amount of traction on the bottom of your shoes at the time of your fall.

  • Request a CCTV footage/videos. Request that any video is kept by the property owners. Any case may require video evidence. In other cases, video has been crucial evidence that has resulted in a settlement or a trial win.

2. Document Your Injuries

  • Take pictures of your injury. Even if you did not require hospitalization straight after falling, you should still go visit a doctor. Some injuries could not become apparent for days following the collision. You must have medical proof of your injuries to receive compensation for your fall.

  • Get checked by a medical professional. Not only will this help you recover, but getting your injuries documented in a medical report is a way to preserve their evidence. Medical reports are thorough, showing the severity and locations of your injuries even when you've started to heal.

3. Be Aware Of Your Deadlines

If you have been hurt, you must act fast because, if you are an adult, the statute of limitations is two years from the date of the accident. However, the statute of limitations in California is only six months for claims launched against cities, counties, public institutions, school districts, public universities, etc.

4. Don't Agree To Low Insurance Payouts Immediately

You are not required to speak with any of the property owner's insurance agents. Remember that insurance companies aim to maximize profit by reducing or refusing claim payouts. The insurance salesperson will probably record your conversation. The agent can persuade you to say something that releases the property owner from responsibility or minimizes your losses.

Be aware that many property insurance plans feature a no-fault provision that gives a person hurt on the property money to assist in covering their medical costs. The term for it is medical payments coverage. To be paid under this coverage, you are not required to release any other possible claims. So don't sign any waivers or releases.

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