A slip and fall lawyer is needed when you need compensation for a slip and fall accident. Slip and fall accidents are the second most common cause of serious injury in California. All too often injured victims are left holding the bag and have no choice but to bear the costs of their medical treatment. More so many victims are unable to work because of their injuries, resulting in serious long term financial hardships. Our law firm is here to make sure this does not happen.

We have two equally important goals for every single personal injury client of ours, (1) Make sure you receive the medical attention you need so that you are healed as much as possible and (2) Fight tooth and nail so that you walk away with the settlement you are entitled to. Unlike other law firms we have the knowledge, resources, and experience to fight the fight and get you the satisfaction deserved.

Below you will find important information regarding slip and fall and trip and fall accidents. Please feel free to consult with us regarding your case.

11 Most Common Causes of Trip and Fall Accidents

There can be various causes of slip and fall / trip and fall accidents. Based on our extensive research and years of representing victims we have compiled a list of the most common causes of slip and fall accidents.

• Loose and rippled carpeting.
• Liquids left on the floor for an extended period of time.
• Defective stairways – stairwell without proper railing or safety strips.
• Leaving a polished or cleaned floor without the proper warning signs.
• Failure to provide for matting during rainy days.
• Uneven or cracked sidewalks and pavements.
• Leaving electrical cords on the floor.
• Broken refrigeration units resulting in leakage onto the floor of the store.
• Failure to clean up debris and trash.
• Employees leaving work product on the floor.
• Potholes in parking lots.

Locations where Slip and Fall Accidents Are Common

There can be numerous location where such accidents take place including super markets and grocery stores, shopping malls, parking lots, convenience stores such as 7-11, place of work and office building, restaurants, fast food eateries, movie theaters, schools, universities, and homes.

Slip and Fall Accidents At Work

Employees who are injured at work must file a workers compensation claim in order to receive recovery for their injuries. However in cases where the slip and fall accident was caused by a third party, a person or entity other than the employer, the employee has the right to a bifurcated claim. This means that it is within the right of the victim to choose whether to file a workers compensation claim or pursue a personal injury claim against the at fault party.

Injuries from Slip and Fall / Trip and Fall Accidents

Slip and fall accidents are the second most common cause of injury in the United States behind auto collisions. Unfortunately however, slip and falls result in a significantly higher probability of serious injuries because unlike a vehicle accident there is nothing there to protect a victim from a fall. Below is a list of the most common injuries resulting from slip and fall accidents.

• Fractured pelvis and hip injuries.
• Back and neck injuries resulting in spinal cord damage.
• Hand and wrist fractures.
• Brain damage – resulting in traumatic brain injury.
• Damage to the shoulder – rotator cuff injury and separated shoulder.
• Nerve damage – resulting in nerve impingement, pinched nerve and CRPS (Complex regional pain syndrome).
• Facial injuries – broken nose, facial lacerations, broken teeth, scarring and facial nerve damage.
• Damage to the eardrum – resulting in tinnitus or chronic ringing in the ear.

Establishing Fault – Premises Liability Cause of Action Against the Property Owner

The majority of personal injury claims are based on a negligence theory of liability. There are four basic elements which are required to be proven in order to establish the basis for negligence in a personal injury case. (1) Duty: did the property owner owe a duty of care to the injured person, (2) Was there in any way a breach of the duty that was owed to the injured person. (3) Did the breach of the duty of care result in the accident. (4) Did the accident cause any harm to the person filing a claim.

Duty and Breach of the Duty of Case: The duty that is owed by a property owner is based on the status of the injured party. In other words a court will have to establish the nature or reason why the injured party was on the property at the time of the accident.

1. Trespasser – One who enters a property without the consent of the property owner: Generally a property owner owes few duties to a trespasser. The few duties that are owed include a duty to not cause intentional or reckless harm, and a duty to protect from artificially dangerous conditions (an example can be a booby trap).
2. Licensee – One who enters a property with the consent of the property owner but not for a commercial purpose: Property owners owe a duty to protect licensee from all known dangers and or to warn licensees of any dangerous conditions on the premises.
3. Invitee – A person who enters a property for an expressly stated commercial purpose. Invitees are owed the highest level of protection. Property owners need to warn and protect from all known dangers and must dutifully and in a timely manner inspect the premises routinely in order to discover any potential harms. If a potential harm is exposed, a property owner must fix the problem or warn an invitee of all known dangers.

Duty to Children – Attractive Nuisance Doctrine: If there is a dangerous and man-made “attraction” which could induce children to enter a property with no consent the property owner owes a duty to either eliminate the attraction or make is safe. An example would be a water slide or a roller coaster on a private property. The owner could place fencing around the property to prevent children from entering.

Causation: Once duty and the breach of the duty of care is established a claimant will have to show that the breach of the property owner’s duty of care was the cause of the accident that took place. There are two tests which are used in the state of California in order to show the presence of causation. (1) But  For Test and (2) Substantial factor test.

• But For Test: Here the question that has to be answered is “but for the actions of the defendant (property owner) the harm would not have take place.” The counter argument of the defendant property owner would be that even if the he had not breached his duty of care the accident would have taken place anyway.
• Substantial Factor Test – Proximate Causation: The basic question here is whether the actions or inactions of the property owner were a substantial factor in the accident.

Damages:  Was there actual damages suffered by the victim.

Damages Recoverable in Slip and Fall Claims – Average Value of a Slip and Fall Case

Victims of personal injury are entitled to recovery for all damages suffered. A calculation of the average case value is predicated on several distinct factors unique to every case. Below is a list of the most important factors which can play a significant role on determining the value of your case.

• The injuries you have suffered due to the accident: For example a brain injury will likely result in a more substantial recovery for a victim in comparison to a sprained ankle.
• The medical costs and future medical and rehabilitation care of treating your injuries.
• The length of time it will take for your injuries to fully heal.
• The loss of income and future loss of earnings capacity due to the long term injuries you have suffered. Future loss of income is best determined by a vocational expert.
• The percentage of fault attributed to the at fault party in comparison to the contributory negligence of the plaintiff.
• The insurance coverage available: Recovery will most likely be attained from the insurance coverage of the property. There are differing policy limits with respect to commercial and non-commercial residential properties ranging from as low as $250,000.00 to as much as $10,000,000.00.
• The availability for punitive damages: In some cases where the at fault party acted in a dangerously reckless behavior courts have granted punitive damages. Generally punitive damage may not exceed 10 times the value of the general damages in a case. The usual punitive damage allocation is 2 to 3.5 times general damages depending on the case.

Cost of Hiring an Attorney

One of the chief mistaken beliefs amongst victims of personal injury is that seeking legal representation is too costly. This is not always the case. Clients of ours never pay a single penny out of pocket for any legal fees or costs associated with our representation. We work strictly on a Zero Fee Guarantee contingency basis; this means that payment for our work will be distributed to our law firm only from the settlement. If, for any reason, there is no successful settlement then you do not have to pay us back for any of the work we’ve had concluded in our representation on behalf of your case.

Statute of Limitation

In the state of California victims of personal harm have the right to file a lawsuit in the court of law. However they must file the claim within two years from the date of the injury; failure to do so will result in the loss of their right to recovery via a civil claim. There are some, although rare, exceptions to this; (1) the victim was under the age of 18 at the time of the accident; the victim shall have 2 years from the date of their 18^th birthday to file a civil claim. (2) State of war where the victim is unable to reach a courthouse to file his or her claim, (3) The victims was physically or mentally incapacitated due to the accident.

Free No Cost Legal Consultation

Dealing with your own personal injury case can be a challenging and overwhelming process; especially if you do not have the legal knowledge or experience to take on at fault property owners and insurance companies. Our attorneys understand this and are able to guide you and your case so that you receive the medical attention you need and the financial recovery you are entitled to. Our law firm will work hard in obtaining the most amount of compensation for your damages. All legal consultations and case reviews are provided by our attorneys free of charge.