Slip And Falls
Slip and falls are common personal injuries that affect thousands of persons each year in California. They occur at supermarkets, apartment complexes, other businesses, and government property. A slip and fall is exactly what it sounds like. It is when someone enters the property of another, slips and falls on a substance injuring them. The injury is the direct result of a property owner’s act or failure to act that created a dangerous condition.
A property/business owner’s duty to those entering their premises is defined:“A person who owns, leases, occupies or controls property is negligent if he or she fails to use reasonable care to keep the property in a reasonably safe condition. A person who owns, leases, occupies or controls property must use reasonable care to discover any unsafe conditions and to repair, replace, or give adequate warning of anything that could be reasonably expected to harm others.”
However, just because someone is injured on the property of another, does not automatically entitle them to recovery. This is such, if the dangerous condition would be obvious and discoverable to the injured person. The injured person must prove liability and that the property owner was negligent, in order to recover for their injuries. In order to prove liability, the injured person must show:The California Civil Jury Instructions instruct the jury on what an injured party must prove in order to recover from the property owner. The injured person must show:“The plaintiff claims that she was harmed because of the way the defendant managed its property. To establish this claim, the plaintiff must prove all of the following: 1. That the defendant owned/leased/occupied/controlled the property; 2. That the defendant was negligent in the use or maintenance of the property; 3. That the plaintiff was harmed; and 4. That the defendant’s negligence was a substantial factor in causing the plaintiff’s harm.”Proving a defendant liable takes the knowledge, skill and expertise that only a qualified personal injury attorney can provide.
WHAT TO DO WHEN INJURED?
In the wake of an injury, it is important to preserve evidence and gather it when it is fresh. Keep note of the time and place of the injury. It is essential to take photographs of the scene and the specific condition that caused the injury. Furthermore, gather names and identities of witnesses and their account of the accident. Report the accident to appropriate managers or authorities of the property or business and obtain an incident report. However, DO NOT rely on employees of the business to conduct a thorough investigation of the accident on your behalf. Seek appropriate medical care as soon as possible and contact a qualified personal injury lawyer. A knowledgeable, injury lawyer can assist you in getting proper medical care at no upfront cost to you, assessment of the strength of your case, and ensure you receive the most compensation for your injuries.
WHAT CAN I RECOVER?
An injured person may recover the following: All medical bills and rehabilitation costs related to the accident Any loss earnings/wages and future earnings/wages as a result of your injury Pain and suffering Emotional Distress damages Permanent injury and or disfigurement from the injury Having an aggressive, knowledgeable, personal injury attorney will ensure you receive the maximum compensation for your injuries.
HOW LONG DO I HAVE TO FILE AN ACTION? Generally, lawsuits for victims of a slip and fall injury must be filed two years from the date of the injury. Injuries to minors (under 18) have two years to file from the date of their 18th birthday. Claims against the government require a filing to the appropriate board within six months of the injury. If and when the government administrative agency denies or rejects the claim, the victim has two years to file the action in a California court of law.