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Key Takeaways
- Common causes of slip and fall accidents include slippery surfaces, uneven walkways, tripping hazards, lack of warning signage, and more.
- Property owners, occupiers, landlords, businesses, and homeowners’ associations may all be potentially held liable in a premises liability lawsuit.
- Typically you have two years from the date of a slip and fall accident to file a lawsuit in California.
California Slip and Fall Law: What To Know
Slip and fall accidents can happen to anyone, anywhere, at any time. If you were injured and need a slip and fall lawyer for an accident in California, it’s essential to understand your rights and the legal options available. Porter Simon Sierra Injury Lawyers can guide you through the most critical aspects of slip and fall law in California and provide valuable information to help you navigate the legal process.
Understanding the Duty of Care
Under California law, property owners have a duty of care to maintain the safety of their premises and prevent any foreseeable harm to visitors. The duty of care varies depending on the visitor’s status, such as invitees, licensees, and trespassers.
- Invitees are individuals invited onto the property for business purposes.
- Licensees are individuals allowed to enter the property for non-business purposes, such as social guests.
- Trespassers are individuals who enter the property without permission.
California Civil Code 1714 imposes a general duty of care on property owners to exercise reasonable care in maintaining their premises. Property owners may be held liable for slip and fall accidents if they fail to fulfill their duty of care.
Consult with a slip and fall accidents attorney as soon as possible if injured in such an accident. They can explain your rights and guide you through the legal process.
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Your Compass to JusticeWho Can Be Held Liable for a Slip and Fall Accident?
In California, the plaintiff must prove the defendant was negligent in order to hold them liable for a slip and fall accident. Defendants can include property owners, occupiers, landlords, businesses, and homeowners’ associations.
“The California Supreme Court has held that a person injured during a slip and fall must prove that the property owner had actual or constructive notice of the dangerous condition in sufficient time to correct it,” shared Ravn Whitington, Partner at Porter Simon Sierra Injury Lawyers.
Proving a slip and fall in California can be challenging, which is why it’s crucial to seek the assistance of a fall accident lawyer. They can help you gather evidence, navigate through insurance companies’ tactics, and build a strong case on your behalf.
How Long After a Slip and Fall Can You Sue?
The statute of limitations determines the time limit for filing a slip and fall lawsuit, and the statute of limitations can vary depending on the circumstances of each case. A slip and fall lawyer in California can help determine the specific deadlines for your case and whether you qualify for any exceptions.
Slip and Fall Statute of Limitations: California
Section 335.1 of the California Code of Civil Procedure defines the statute of limitations for California slip and fall cases as the deadline for filing lawsuits. The period to file a claim varies by legal dispute. Personal injury claims typically have a statute of limitations of two years from the date of the incident giving rise to injury, or as short as six months if the claim is against a government entity.
This discovery rule, that extends the typical statute of limitations based on the date of discovering an otherwise unknown injury, is particularly beneficial in cases involving brain injuries and other prognoses where symptoms might not present immediately. To get a better picture of the specific statute of limitations that apply to your case, reach out to a slip and fall lawyer.
The National Weather Service reports that one of the leading causes of winter slip and fall accidents is the accumulation of ice and snow on walkways and parking lots.
CA Slip and Fall Cases
CA slip and fall cases often fall under premises liability, a legal concept central to such incidents. Premises liability refers to a property owner’s responsibility to ensure their property is reasonably safe and free from hazards that could cause injury — such as slip and fall accidents.
In California, you may have grounds for a lawsuit if you’re injured on someone else’s property due to their negligence. The nuances of premises liability can be complex, and knowledgeable legal guidance is invaluable. For more detailed information and how these laws pertain to slip and fall cases, take a look at our California premises liability guide.
Weather-Related Slip and Fall Accidents
Weather-related slip and fall accidents are a significant concern, especially during the winter months when conditions like snow, ice, and rain can make surfaces treacherous. Preparing for these is critical for individuals and property owners.
Here’s a brief look at common factors in these accidents:
Rain, Snow, Ice
One of the leading causes of winter slip and fall accidents is the accumulation of ice and snow on walkways and parking lots. Black ice and slippery floors pose serious accident threats, as do weather-involved car accidents. Property owners should ensure timely snow removal and de-icing.
Snowmelt Indoors
Melting snow can create slippery conditions on floors and pavement surfaces. Businesses and public spaces must maintain dry, safe walking surfaces and provide adequate warning signs where necessary.
Snow-Covered Obstacles
During winter, snow can easily mask curbs, fire hydrants, or similar objects, making them indistinguishable from the surrounding road or sidewalk. This concealment increases the odds of tripping or losing balance, leading to potential injuries.
Poor Lighting
Insufficient lighting during the darker winter months can hide ice patches and other dangers. Proper lighting in outdoor areas can help identify potential issues.
Winter-Created Flooring Cracks
When snow and water seep into existing cracks in flooring, they expand upon freezing. As this process repeats with the melting and refreezing of the liquids, it further widens and deepens the cracks. This can lead to uneven surfaces and an increased risk of trips and falls.
Ice-Covered Handrails
Handrails are meant to provide stability and support. However, they present a significant safety concern during winter and may become perilous when coated with ice. This ice layer can reduce grip and stability, increasing the likelihood of slips and falls, especially on stairs and slopes.
Snow-Covered Walkways or Entrances
When walkways or entrances aren’t correctly maintained, pedestrians might have to improvise and detour on an unsafe path or walk over the unmaintained walkway. Both of these options pose a slippery risk to the pedestrian.
Common Slip and Fall Accidents
The most common causes of slip and fall accidents include a few common denominators — let’s discuss them now.
Addressing these issues can help prevent such accidents.
- Uneven Sidewalks and Walkways: These can put both pedestrians and cyclists in jeopardy. Irregularities in the pavement, such as cracks, gaps, or uneven slabs, can cause pedestrians to lose balance and fall.
- Slippery Surfaces: Areas of flooring that are unexpectedly slick can cause someone to fall, especially if they are walking at a fast pace. Spills, leaks, and wet weather can all cause indoor floors to become a fall hazard.
- Lack of Warning Signs: Warning signs alert people to dangers such as wet floors, ongoing construction, uneven surfaces, or other temporary hazards. When these signs are absent, individuals are unaware of the potential obstacle in their path, leading to a higher likelihood of accidents and injuries.
- Electrical Cords, Ripped Carpeting, or Floor Mats: Common indoor hazards like electrical cords, ripped or frayed carpeting, and floor mats pose a similar threat, as the uneven surface can catch shoes and cause people to stumble.
- Construction Hazards: These sites typically contain a variety of risks, such as loose debris, uneven ground, open trenches, and unsecured building materials. Poorly marked or inadequately secured areas increase the danger for both workers and passersby. Additionally, construction equipment or vehicles moving around the site may create unexpected obstacles.
Common Slip and Fall Injuries in California
Slip and fall accidents can result in various injuries. Some slip and fall injuries in California include:
- Head injuries, including traumatic brain injuries
- Back and spinal cord injuries, including nerve damage
- Broken bones
- Hip fractures
- Soft tissue injuries, including sprains, bruising, tendonitis, and more
- Wrongful death
If you have suffered any of these injuries due to a slip and fall accident, first seek medical attention. Afterward, reach out to a slip and fall lawyer to go over your legal options to help cover medical bills, lost wages, and more.
Working With a Slip and Fall Accidents Attorney: Frequently Asked Questions
How Much Do Slip and Fall Cases Settle For?
Amounts for an average slip and fall settlement in California can vary significantly depending on several factors. These factors may include the severity of the injuries, the impact on the victim’s life, and the extent of liability on the part of the property owner or occupier. Critically, the strength of the evidence supporting the victim’s claim is also a major factor.
Your personal injury legal team can help identify all the possible economic and non-economic damages. Economic damages could include categories like lost wages or hospital bills, while non-economic damages may account for loss of enjoyment of life or pain and suffering. Additionally, California is a comparative negligence state. This means victims can still file and potentially win California slip and fall lawsuits even if they are partly at fault.
Working with a tested slip and fall attorney is crucial in determining the potential settlement amount for your case. An experienced attorney has a deep mastery of the legal landscape (including California slip and fall law) and trial expertise. Your injury attorney can provide valuable guidance based on their knowledge and experience.
Personal injury lawyers can assess the specific details of your case, including the extent of your injuries, the impact on your daily life, and the liability of the property owner or occupier. Not all cases are settled, so it is important to hire a legal team with trial experience that is ready to go to court for you if necessary.
How many slip and fall cases go to trial?
Most slip and fall cases don’t end up going to trial. Pre-trial, or even pre-litigation, settlements are common. In either instance, you’ll want lawyers who have proven trial experience just in case.
How long does a slip and fall lawsuit take?
Most slip and fall cases reach closure through settlement negotiations outside of the courtroom. These cases can take a few short months or may las years. The injured individual and the property owner or occupier often prefer to avoid a trial’s time, expense, and uncertainty. Settlements allow for a quicker resolution and can provide a sense of closure for all parties involved.
Still, it’s vital to have a slip and fall accident law firm that sees cases through. Working with a legal team also helps ensure you get to focus on recovering while they battle insurance, collect evidence, and deal with other parties and all the particulars of your case.
How do I find a slip and fall lawyer near me?
When searching for a slip and fall lawyer, read their testimonials, review their office locations, and research their case results. Working with top-rated slip and fall attorneys can increase your chances of obtaining a favorable outcome in your case.
Why Porter Simon Sierra Injury Lawyers?
Porter Simon Sierra Injury Lawyers are trusted personal injury attorneys with experience in slip and fall cases in California. Our experienced slip and fall attorneys are local and hold licenses in California and Nevada. We get results and know how the other side works.
Our local slip and fall lawyers have extensive knowledge, like the:
- Legal and Geographical Landscape: Not only do we navigate complex cases effectively, but we also personally identify with California and Nevada residents. We know first-hand the kind of perils that lay beyond your door, and the areas in which clients frequently get injured.
- Experience in Premises Liability Cases: We are committed to providing our clients with the highest level of legal representation in multiple fields, including the many facets of personal injury law.
- Defense Expertise: We know how the other side works because we’ve been there, having defended Lake Tahoe corporations, like ski resorts, in the past.
Get Support From a California Slip and Fall Lawyer Today
If a slip and fall accident has injured you, talk to a California slip and fall lawyer at Porter Simon Sierra Injury Lawyers today. We’re here to support you and help you seek the compensation you deserve.
Contact us now for a free consultation.
