SLIP/TRIP AND FALL ACCIDENTS
What Are Slip/Trip Fall Accidents?
Slip, trip, and fall accidents can happen anywhere at any time, and can result in serious injuries. Common causes include wet or uneven surfaces, poor lighting, cluttered walkways, lack of handrails or guardrails or dilapidated and uneven city sidewalks. Establishments such as grocery stores, restaurants, and even public entities have a responsibility to maintain a safe environment for their customers and patrons. The failure to do so is deemed premises liability, which refers to the legal responsibility an individual, business or public entity has for injuries or damages that occur on their property. Property owners have a duty to maintain their premises in a reasonably safe condition for visitors and may be held liable for injuries caused by dangerous conditions that they knew or should have known about. If you have suffered from a slip/trip, and fall accident, it is important to seek medical attention and consult with a personal injury attorney to determine if you have a case for compensation.
Can I Sue for a Slip/Trip and Fall Injury?
To sue for a slip/trip and fall injury and establish premises liability, the injured party must prove all of the following: (1) That the party being sued owned/leased/occupied or controlled the property; (2) That the party being sued was negligent in the use or maintenance of the property; (3) That the party suing was actually harmed; and (4) That the party being sued was a substantial factor in causing the injured party's harm.
With regard to the 4th element above, a party being sued was a substantial factor in causing the injured parties harm if: (1) A condition on the property created an unreasonable risk of harm; (2) The party being sued knew or, through the exercise of reasonable care, should have known about it; and (3) The party being sued failed to repair the condition, protect against harm from the condition, or give adequate warning of the condition.
The critical element that needs to be established in order to determine the liability of the property owner/occupier is the second element, "notice." Notice can be actual or constructive. In Moore v. Wal-Mart (2003) 111 Cal.App.4th 472, the California Court of Appeal observed that “In the absence of actual or constructive knowledge of the dangerous condition, the owner is not liable.” In Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, however, the California Supreme Court explained that where there is no direct evidence of the length of time a dangerous condition existed, a plaintiff can demonstrate the owner’s constructive knowledge by showing the site had not been inspected within a reasonable period of time. Evidence that an inspection had not been made within a particular period of time prior to an accident may warrant an inference that the defective condition existed long enough so that a person exercising reasonable care would have discovered it. A set time is not required to determine whether or not inspection is conducted within a certain time frame; inspection intervals must be commensurate with the risk for injury. (Ortega, supra, 26 Cal.4th at p. 1206) Under California law, the presence of a condition for 10-15 minutes is sufficient to allow the trier of fact to determine whether the Defendant exercised ordinary care in discovering the condition. Further, in Louie v. Hagstrom’s Food Stores (1947) 81 Cal.App.2d 601, the court observed the following: "The exact time the condition must exist before it should, in the exercise of reasonable care, have been discovered and remedied, cannot be fixed, because, obviously, it varies according to the circumstances."
Thus, generally, if a dangerous condition exists on someone's property and a lawful visitor on that property is injured due to the dangerous condition, the owner/occupier of the property can be deemed liable for the injured party's damages if actual or constructive notice of the dangerous condition by the owner/occupier is established.
How Do I Sue for a Slip/Trip and Fall Accident?
Taking legal action of any kind, including suing for slip/trip and fall accident, can be complicated. There are many steps that need to be followed before a lawsuit is filed, and even more steps must be completed after. These steps may include filing a government claim if the property that the injury occurs on is owned by a public entity. Additionally, relevant medical records and bills must be obtained, among many others. Although many of these steps can be completed without a personal injury attorney, often times people filing the forms on their own behalf may miss deadlines or omit important information that should have been included. For this reason, it is highly advisable that you consult our personal injury lawyers. Our personal injury attorneys will ensure that all of the required and advisable steps are met and will maximize your chance of winning your lawsuit.
What If I Have No Evidence?
Many people who have suffered a slip/trip and fall injury fail to take any action against those who caused it because they believe that there is no evidence of liability of the property owner. However, our personal injury attorneys have various ways to obtain the evidence needed for your lawsuit. For example, we can demand a copy security footage showing your slip/trip and fall incident if it exits, we can also request additional documents (including incident reports and sweeping/mopping records to show that the owners of the premises were not taking necessary precautions), we can subpoena witnesses to testify, and even take the deposition of the management and staff of the premises on which you were injured. Very often there is more evidence than you might think exists, and this evidence can help strengthen your case.
Are There Deadlines for Filing a Lawsuit?
Slip/trip and fall accidents cases have numerous deadlines that can come up fast, so it’s important that you speak to our personal injury attorneys as soon as possible. Generally speaking, a lawsuit for a slip/trip and fall accident must be filed within two (2) years after the accident. However, depending on the specific acts, people, and entities involved, there may be other deadlines as well. For example, you must often file a Government Tort Claim within six (6) months of the incident, if the property were were injured on is owned by a public/government entity or if an employee of the public/government agency is involved. And if any medical malpractice is involved, the lawsuit must instead be filed within one (1) year, versus two. Because of the many and complicated deadlines involved in a slip/trip and fall accident case, it is important to retain a personal injury lawyer and file a lawsuit before the statute of limitations – or deadline – expires on any of your potential claims.
What Is My Case Worth?
Generally speaking, slip/trip and fall accident cases have three types of damages: 1) economic, or special damages; 2) non-economic, or general damages; and 3) punitive damages. The value of your case depends in large part on these factors, as well as a fourth – liability.
Economic, or special, damages include payment for past and future medical expenses, and past and future lost earnings, among other types of losses. Non-economic, or general, damages include your pain and suffering. For example, if you injure your arm and require surgery, the pain and suffering stemming from the injury, the resulting surgery, and the loss of use of that arm while you’re recuperating, may be compensable as a non-economic injury. Non-economic damages also include loss of consortium – damages that the spouse of an injured person incurs, such as loss of companionship and support. Because you must prove that you sustained these damages, it’s important to get all medical treatment and psychological care that you need.
Punitive damages, although rare, exist to create a deterrent for other companies from behaving in a similar manner. To obtain punitive damages, you must show that clear and convincing evidence that the defendant acted with oppression, fraud or malice.
The last factor is liability. Every case has good facts and bad facts. The more good facts there are in your case, the more likely it is that you will win at trial, and the more likely it is that the defendant will pay more to settle the case. How do your attorney and the defendant's attorney discover good and bad facts? Through the discovery portion of the case, described above. This means that the value of a case can change as both good and bad facts are discovered throughout, and why a good personal injury lawyer can maximize the value of your case.
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Our personal injury attorneys have over a decade of experience fighting for the injured against the largest insurance companies in the country. Our office handles all manner of personal and catastrophic injury claims throughout California, including Los Angeles, Orange, Riverside, San Bernardino, San Diego, Imperial, Ventura, Santa Barbara, and Kern counties. If you or a loved one has been injured, please contact our office for a free consultation.