How To File An Injury Claim After A Slip And Fall Accident In Los Angeles

Updated: Jan 27

A Guide To Slip & Fall Accidents In California

A major fall caused by slipping on the stairwell or a crack in the sidewalk can feel like your own clumsy mistake. However, there are situations when these mishaps are not your fault at all. Poor property management or lack of safety procedures are common causes of serious injuries in Slip & Fall accidents in California.

best personal injury attorneys in los angeles

If you fell on someone else's property, you may wish to consult with a California Slip & Fall Lawyer. If you believe the property owner is to blame for your injuries, you may be able to file a Premises Liability Lawsuit.

Is Slip And Fall A Personal Injury?

Slip-and-fall lawsuits hold property owners liable for the lack of maintenance or safety practices that led to your trip.

Sprains, broken bones, and fractures can all occur as a result of slipping and falling. These kinds of mishaps are so widespread that they've earned the moniker "slide and falls." Unfortunately, slips and falls are frequently caused by careless maintenance of circumstances by those in charge.

According to the law, property owners in California must:

  • Exert reasonable care to maintain conditions on their property

  • Prevent foreseeable injury to others who come within the premises

Failure to do so can result in a property owner being held accountable for any harm caused by those conditions.

The term for this is "premises liability." In most common cases, dangerous circumstances on premises include:

  1. Carpeting that is torn or loose

  2. Glass that has been shattered or that has not been replaced

  3. Flight of steps that are broken or missing

  4. Electrical wires and cords that are exposed or unprotected

  5. Failing to issue warnings about recognized dangers

Property owners are held liable for accidents that happen within their property. If they knew people would be there, they should've done everything to ensure no one gets harmed or hurt. Poor maintenance can lead to slip and fall accidents, which frequently result in lawsuits.

If you've suffered injuries due to poor property maintenance, contact Top Rated Personal Injury Attorneys In Los Angeles to help you sort your legal options.

How To Prove Slip And Fall Injuries In California

When it comes to proving that a property owner is at fault for your injuries, you need to show that they have been negligent in some way. As said, property owners are responsible for making their premises safe, so if you were injured within their premises because of poor maintenance, you would be able to forward a Personal Injury Claim.

There are numerous more elements to evaluate when you or a loved one is harmed in a slip and fall accident, including:

  1. Past complaints about an existing safety hazard

  2. Evaluating the level of negligence of a business or property owner

  3. Determining the culpability, if applicable, of the injured individual.

There will almost always be claims of comparative fault or negligence. This is especially applicable in California, where if the injured party is partly to blame for the accident, the plaintiff should pay damages for their part of the responsibility.

Frequently, the property owner contends that the hazard was "open and evident," meaning that it might have been avoided if the claimant had been paying attention. However, in other circumstances, they will claim that there was no notice or that the defect in the premises was minor, making the case more challenging to prove.

los angeles personal injury lawyers

Questions will also be asked regarding any additional factors that could support a comparative fault defense, such as:

  1. What kind of footwear did you have on at the time of the slip and fall?

  2. What were you doing before slipping and falling?

  3. Did you slip and fall on the job?

  4. Were you distracted?

  5. Did you see a "wet floor" sign?

The following are some of the most common causes of slips and falls:

  1. Floors and sidewalks that are loose and uneven

  2. Stores and houses that are cluttered

  3. Liquids and substances on the floor

  4. Accidents involving elevators and escalators

  5. Insufficient lighting

  6. Stairs that aren't stable and handrails that aren't secure

Of course, not all of the examples above are exhaustive. Every slip and fall case is different, so yours might be particularly unique to your circumstance. Contact a California Personal Injury Attorney to help you with the legal processes you need to go through.

What Should You Do After A Slip And Fall Accident?

In basic terms, a property owner or someone running a public business must maintain safe conditions for visitors, customers, and anyone permitted to be on your land by federal and California regulations, such as mail delivery people. If a property owner was irresponsible in keeping a safe property and you slipped and fell, you are legally entitled to financial compensation for your injuries.

If a property owner fails to apply common sense—nd should have known that conditions were hazardous and fails to address the hazard or provide a clear notice—they are accountable for harming anyone legally on their property.

To establish a personal injury slip and fall case, you'll need to gather evidence such as images of the dangerous situation, witness testimony from anyone who witnessed your fall, accident reports, medical records, and any other proof you can get concerning what caused your fall. You, as the claimant, bear the so-called "burden of proof."

Also, if you can, collect and save any materials that caused your trip and fall. This evidence will help you if the property owner or their insurance company questions your liability for your injuries, which they will certainly do. It's crucial to keep track of the shoes you wore, for example, to demonstrate that they were acceptable. High heels or worn-out shoes with smooth bottoms make it more difficult to prove a case.

Slip and fall claims involving premises liability are complicated to win. When we look at reported verdicts and case outcomes in California, we observe that most cases that get to trial end in a total loss. Defendants, of course, see the same reports, and as a result, they frequently oppose these cases vigorously. As a result, they are far less likely than other types of damage lawsuits to settle quickly.

  • Often, experts are involved. However, the more challenging nature of this practice area, with its higher burden of proof and recovery expenses, raises stakes for the case. This is why persons who have suffered relatively minor injuries due to a fall sometimes have a difficult time finding a lawyer to assist them.

  • Experienced, skilled, and Top Rated Personal Injury Attorneys In Los Angeles can assist you in gathering the facts you'll need to pursue your slip and fall injury case, such as accident and medical records. However, it's also critical not to delay.

The longer you wait after your injury, the more probable the accident scene may be cleaned up or repaired, making it more challenging to secure a successful personal injury claim. However, if the on-site proof has disappeared or been put away, medical documents proving your injuries, as well as witnesses and medical experts, can still help obtain monetary compensation from the property owner.

To successfully pursue a premises liability monetary compensation after being hurt due to a slip and fall on someone else's property, you'll nearly always need the help of an experienced slip and fall law team.

Slip & Falls In Swimming Pools

Pool sides are notoriously slippery and dangerous. Not to mention, people often play around in pools, so it should really warrant some caution when you are in one. However, even the most cautious walker will lose their balance and fall.

Slipping and falling on a hard surface can result in serious consequences, such as:

  1. Traumatic Brain Injuries (TBI). A fall might result in a brain injury due to blunt force trauma. Traumatic brain injury from a physical impact could have the same detrimental results as hypoxic brain damage.

  2. Spinal cord injuries. Which can cause paralysis or other long-term problems.

  3. Bone fractures and soft tissue injuries include a broken ankle, a fractured hip, or a sprained wrist.

Of course, these injuries are only examples. There are other injuries you might sustain slipping and falling in poolsides. Your injuries might also hinder you to a point where you can't come to work and lose income, which can qualify as damages to a Personal Injury Case in California.

If you slipped and fell in a swimming pool, the owner might be accountable for poor management, insufficient warning signs/placards, or pool safety measures. Contact a Swimming Pool Injuries Attorney if your case is more specific with pool accidents.

Slip & Falls In A Store Or Business Location

Consumers expect a secure and enjoyable experience when they visit local retailers and eateries. However, when a customer is wounded due to the business' negligence or willful contempt for its responsibilities, the experience can quickly turn sour.

Business owners must follow certain laws, ordinances, and standards to safeguard the health and safety of their employees and customers. When accidents occur on or near a company's property, the courts frequently hold the company liable.

Businesses in California owe a duty of care to patrons, shoppers, and tourists. They are in charge of keeping their stores and, by extension, their customers safe from unsafe situations. But, unfortunately, accidents can still happen.

People who have been harmed at an establishment by tripping or falling due to ripped carpeting, a change in the flooring, insufficient lighting, a narrow or steep staircase, or a wet floor are the most common types of slip and fall.

Businesses that allow such situations (even when fully aware of the hazard) may be held accountable for these accidents if the owner "reasonably" should have known about the danger and failed to take reasonable steps to remedy it.

Even if the victim is not aware of the injury at the time, the consequences of a slip and fall can be severe. If you've been hurt in a business or restaurant, you should contact a California Personal Injury Attorney right away.

Slip & Falls In Sidewalks

Sidewalk slip and falls are caused by tree roots pushing up a raised slab and uneven and broken pavements. It all comes down to how much of a height gap there is in these situations. It can be difficult for a case to survive California's "trivial defect" threshold if the difference is smaller than an inch.

Many towns and cities have regulations that make the nearby landowner liable for damage caused by faulty sidewalks. So, for example, if the tree root affecting the pavements is coming from someone else's property, then that property owner is responsible for your injuries.

That said, for complicated legal issues like these, contact a California Personal Injury Attorney. Your lawyers know their way around the law and will be able to advise you on what you can do and who you can hold liable for your injuries.

Slip & Falls Leading To Catastrophic Injuries

Gas explosions, slip-and-fall accidents, amusement park accidents, animal assaults, and other disasters can permanently impair or disfigure people. Unfortunately, severe and disfiguring injuries can affect the lives of the injured and their families for the rest of their lives.

Catastrophic injuries inflict serious physical, emotional, and psychological harm, and they frequently necessitate intensive long-term medical therapy. The following are examples of catastrophic injuries:

  1. Brain and head injuries. As a result of an impact, the skull and/or brain are injured.

  2. Injury to the spinal cord. The spinal cord is damaged, resulting in full or partial paralysis.

  3. Burns. Burns of the first, second, or third-degree caused by heat, flame, corrosive chemicals, radiation, or electricity

That said, catastrophic injuries can lead to permanent and temporary disabilities, affecting the victim's ability to live their lives as they did before the accident happened. In addition, victims might lose the ability to do the job they currently have, losing significant income.

Contact a California Personal Injury Attorney to help you with your claims. The medical bills, rehab expenses, lost income, and emotional distress in catastrophic injuries are incredibly crucial.