When you’re injured after slipping and falling on another person’s property, you may have grounds for compensation when negligence on the part of the property owner is a contributing factor. Whether you decide to file a third-party insurance claim or take the matter right to court by filing a personal injury lawsuit, consulting with a legal professional will help you understand the laws that apply to your case and ensure the best possible result.
Contact a Los Angeles slip and fall lawyer at Hobbs Law Group for a free consultation to explore your legal options.
Claremont Slip and Fall attorney serving the greater Los Angeles area
When you team up with Hobbs Law Group after an accident, our slip and fall lawyers will visit the location where you fell, secure business records, assess maintenance logs, conduct interviews, review internal processes, search for past lawsuits, look at surveillance video, and consult with experts to determine what really happened.
Common causes of slip and fall accidents in Los Angeles include:
- Floor contamination with grease, spilled liquid, food, or other debris
- Drainage issues with leaking water hazards
- Clutter from random objects in the walkway
- Inadequate lighting that creates poor visibility
- Uneven steps and stairs
- Surface irregularities like unsecured carpeting, potholes, and broken sidewalks
- Weather hazards due to uncleared ice or rainwater
Premises Liability in Slip and Fall Cases
Business owners owe a legal duty of care to provide customers with a safe, clean environment that limits the risk of harm. When routine cleaning, waxing, stocking, or other actions create a temporary hazard, the business owner must place a sign warning of the known danger and take steps to remedy the situation as quickly as possible. If they fail to do so, they may be legally obligated to pay, under premises liability laws, for any damages to patrons or visitors that occur as a direct result of the hazard.
Slip and Fall Lawsuit Damages
Accident victims may be due to economic damages (such as medical bills or lost wages – past and future), as well as an estimated amount of non-economic damages (for pain and suffering). It is also possible to file a lawsuit on behalf of a deceased loved one to obtain money to cover outstanding medical debts, funeral and burial expenses, and loss of household income and support.
Legal duty of care
In order for a business to be found responsible for your accident, evidence must be shown to prove that a dangerous condition on the business premises caused your injury and that at least one of the following is true:
- The owner or an employee caused the dangerous condition on the premises.
- The owner or an employee knew about the dangerous condition on the premises and did nothing about it.
- The owner or an employee should have known about the dangerous condition on the premises as would be expected of a reasonable person.
California Slip and Fall Statute of Limitations
The California statute of limitations governs how long you have to file a slip and fall lawsuit. The California Code of Civil Procedure section 335.1 generally allows individuals up to two years to pursue a lawsuit. However, if your slip and fall occurred on government property, you may have as little as six months from the date of the accident to provide notice of your claim and give the state a chance to respond under the California Tort Claims Act.
In some cases, such as when a minor is hurt in an accident, the statute of limitations is paused or “tolled” until the victim reaches 18 years of age.
Los Angeles Slip and Fall Accident Lawyers Can Help Maximize Your Claim
California’s law of pure comparative negligence is another factor that could impact your claim. In Los Angeles, you can be partially to blame for the fall but still collect compensation – albeit a reduced amount. Often, the defense rebuttal involves substantial finger-pointing to dodge liability and minimize the settlement.
The property owner can claim you were on a part of the property where visitors aren’t allowed or expected to be, that you weren’t paying attention while walking, that your footwear was inappropriate, or that reasonable steps were taken to section off the dangerous condition. So, for instance, if the damage award totals $100,000, but you are deemed 30 percent at-fault, you can only receive $70,000 for your claim.
It pays to have a strong advocate on your side, especially considering Hobbs Law Group works on a contingency basis. That means we do not charge you attorneys’ fees unless we recover compensation on your behalf through a settlement or trial.
Contact an experienced Los Angeles premises liability attorney at Hobbs Law Group for knowledgeable and dedicated representation.