Slip and Fall Lawyer

California Slip and Fall Attorney

Slip and fall accidents are one of the most common accidents that cause devastating injuries. According to the National Safety Council, the most common reason for emergency room visits is because of slips and falls. Slip and fall accidents could occur virtually anywhere and on any type of property. 

If you or a loved one has been injured in a slip and fall accident, call our experienced slip and fall attorneys today to help recover maximum compensation for your injuries. 

Slip and fall accidents are very common in California and Nevada. Whether you are filing a lawsuit, or filing an insurance claim, legal help is necessary. Many insurance companies might try to downplay your claim to pay as little as possible. That is why it is important to hire an experienced slip-and-fall attorney to better maneuver through the legal process and get you the compensation you deserve

Many may believe that they have the right to file a slip-and-fall lawsuit against the negligent party, but may not exactly know who the negligent party is. This is your experienced attorney’s responsibility. Our top-rated slip-and-fall accident attorneys will help narrow down the responsible parties and hold them liable for any damages that they have caused.

What are Slip and Fall Accident Injuries?

Slip and fall accidents are one of the most common accidents that cause devastating injuries.  According to the National Safety Council, the most common reason for emergency room visits is because of slip and falls. Slip and falls could occur virtually anywhere, and on any type of property.

• Head Injuries (Brain injury) – This is the most common type of injury from a slip and fall, causing Traumatic Brain Injury (TBI). A TBI may range from a small concussion to complement mental impairment.
• Broken Arm, Leg, Ankle – Slipping or tripping can cause a really bad fall ending with a broken ankle, leg, or arm. Older people are more likely to break their leg or arm in a slip and fall.
• Fractured Bones (Fractured Ankle) – Fractured ankles are common with slip and fall accidents. This is also common with older people when they have a slip and fall injury.
• Soft Tissue Injury (Torn ligament or sprained ankle/wrist) – If you don’t break a bone from a slip and fall, you might have a sprained ankle or torn ligament.
• Lacerations – Breaking the skin due to a slip and fall can happen if a sharp object cuts you or the pavement causes a tear.
• Back Injury and Spinal Cord Injury – Permanent back injuries can happen with a herniated disk injury, fractured vertebrae, or nerve damage. At least 25% of spinal cord injuries are caused by a slip and fall accident.
• Shoulder Injury – A dislocated shoulder or broken shoulder may have resulted from a slip and fall causing permanent damage. This may require surgery in order to recover.
• Internal Bleeding –  When the body hits the floor with such an abrupt force, internal bleeding may result. Many may not even know that they are experiencing internal bleeding until they visit a medical provider for examination after the slip and fall accident.

What Are Signs of Internal Injuries From a Slip and Fall?

There are many symptoms that can occur after a slip and fall accident, but some of them can be signs that more serious and potentially life-threatening internal injuries may have been suffered. Red flags to look out for after someone has suffered injuries in a slip and fall include:

• Abdominal pain or swelling
• Swelling in different areas of the body that were not directly part of the impact
• Deep bruising
• Fainting
• Blood in urine or stools.

If you or a loved one are experiencing any of these symptoms after a slip and fall, seek immediate medical attention.

WHAT DO I HAVE TO PROVE FOR MY SLIP AND FALL LAWSUIT?

In order to prove a slip-and-fall injury in California or Nevada, there are several different elements that the slip and fall attorneys must show are met. These elements are:

• That there was a condition on the property that was dangerous
• Duty: The owner or possessor of the property knew about that condition or had a duty to keep the property safe for visitors.
• Breach: The owner failed to take reasonable steps to keep the property safe.
• Causation: Because they failed to fix the condition and keep the property safe, this caused the victim to incur very serious injuries.
• Damages: The victim has now suffered injuries.

There is extensive investigation done to each single element. It takes a highly qualified slip and fall attorney to investigate the circumstances of your accident and build your lawsuit up. It is very important to hire a skilled slip and fall attorney that is well-versed in slip-and-fall laws of your state. Each state may have different elements that the attorney will have to prove.

(Fictional) Example of a California Slip and Fall Injury Case

At a crowded airport on a busy Friday afternoon, Thomas slips on water left on the floor in front of the airport coffee shop. The area was extremely wet, though not visible. There were many employees in the area, but nobody took the time to put a caution sign on the ground, or clean up the spill. After looking and investigating the video footage, the spill had been there for a very long time, and none of the employees had done anything to correct it.

Who is responsible?

The airport management/owners are most likely to be held liable for Thomas’ fall. The reason is that the spill had been on the ground for a long time and none of the employees had done anything to correct it. What should have been done is that their cleaning crew or an assigned “safety employee” should have done their respective rounds and looked for spills, helping prevent this type of accident. Since nobody did this, Thomas is now severely injured and will be out of work for the next 5 months due to a torn ACL and medial meniscus. This will also cost Thomas financial hardship due to not being able to work and will have medical bills that will need to be paid.

When Can I Sue After a Slip and Fall Accident?

Each state has a different time requirement as to when a plaintiff can sue for a slip and fall accident. In California, you have two years from the date of the accident and injuries to file a slip and fall accident lawsuit. You should act quickly, because this time may slip by.

What is the Average Compensation in a Slip and Fall Case?

Each slip and fall accident varies from person to person. There is no overall dollar amount we could give for all slip-and-fall lawsuits. Our experienced slip-and-fall attorneys at Heidari Law will be able to determine the merits of your claim and how much you could potentially recover in damages when you come in for a one-on-one and discuss your specific case.  Call us for a free, no-risk consultation today.

What Has to Be Proven in a Slip and Fall Case?

In order for a slip and fall victim to win a case in California, the plaintiff must:

• first be able to prove that the defendant (the property owner, lessee, occupant, or controller) had responsibility over the area where the accident occurred.
• After that, the plaintiff must be able to show that the defendant was negligent in maintaining the property.
• Finally, the plaintiff must demonstrate that the defendant’s negligent maintenance of their property played a significant role in the plaintiff’s injury that was suffered on the defendant’s property.

Does it Matter if the Victim Was Trespassing?

Unlike most states across the country, California does not differentiate victims based on their legal presence or reason for being on the property. What this means is that the statewide standards in slip and fall cases are applicable even if the victim was an uninvited social guest or trespasser.

It doesn’t matter why the victim was on the property. California slip and fall cases become a matter of whether or not the property owner took reasonable precautions to prevent injury to anyone who has entered the property.

How Long Does a Slip and Fall Lawsuit Take?

The outcome depends on the type of accident the plaintiff experienced. When the slip and fall accident is complex, or involves multiple parties, the lawsuit could take longer than expected.

Where Do Slip and Fall Accidents Commonly Occur?

The National Safety Council (NSC) has stated that slip and fall accidents commonly occur at locations such as:

• The floor of a residence;
• Work area with trip hazards at a workplace such as a construction site;
• Cluttered floors of walking surfaces;
• Stairways without handrails;
• Unlit, outdoor areas.

How Do Slip and Fall Accidents Occur?

Slip and fall accidents could occur in several different ways. Below are some of the most common types of slip and fall accidents.

• Freshly mopped floors
• Liquid spills
• Uneven walkways, cracked pavement
• Carpet, floorboards, floor mats that are loose
• Worn out carpet
• Broken floor tiles, damaged wood flooring
• Loose tiles 
• Cracked sidewalk concrete 
• Poorly designed walkways
• Objects in the walkway, such as electrical cords, and wires
• Weather causing wet or icy surfaces
• Poor lighting in a dim area
• Broken or damaged stairs and handrails
• Lack of signage with warnings
• Unsafe construction zones
• Poor footwear
• Lack of proper handrails for stairways

What Role Do Witnesses Play in a Slip and Fall Case?

In nearly every legal case, witnesses and their statements can be a critical factor that makes or breaks the case. In a slip and fall case, witnesses can provide supporting perspectives that help to legitimize the dangers that the victim faced. There are also expert witnesses who can provide evidence on how injuries from the alleged slip and fall could have reasonably occurred from a slip and fall accident, helping to corroborate the legitimacy of the injury claim.

How Can Weather Impact a Slip and Fall Case?

Weather can play a critical role in many slip and fall cases. In most situations, the presence of wet or icy surfaces makes it more likely that someone can slip and fall on the surface of a property. Property owners are responsible for maintaining the safety of their walkways even through adverse weather events, and failure to do so can lead to liability in slip and fall cases.

Do I need a lawyer for a slip and fall accident?

You do not need an attorney to represent you in a slip and fall accident. But, the other party will most likely have an attorney ready to negotiate and downplay the accident and injuries as much as possible. That is where we come in. Our attorneys will take care of all the negotiations and Communications for you. you do not need to worry about “being tricked” or “having your words used against you.”

Statute of Limitations for Slip and Fall Accidents

If you are injured in a slip and fall accident, it is critical to consult an attorney experienced with these matters as soon as possible. In California, the legal time limit that a victim has to file a claim after a personal injury such as a slip and fall accident is two years from when the accident occurred.

This means that you have to file a lawsuit within this two-year period after the accident, otherwise, you may lose the right to recover compensation for your damages. In some cases, the timeframe can be as short as 6 months, as is the case with accidents that occur on government property. Working with a knowledgeable attorney can help to ensure that you meet these deadlines properly when filing your case.