Slip and fall accidents can happen to anyone, and they can also happen anywhere. Although some slip and fall victims get away with minor injuries, other people sustain more serious injuries such as broken bones, soft tissue damage, brain trauma, and many other devastating injuries.
Slip and fall accidents can happen anywhere from the parking lots to the sidewalks, vacation rental properties, school or childcare playgrounds to shopping malls, or any other unsafe condition that your feet may be subjected to.
In most cases, people assume that slipping off and falling is their fault. That is not always the case because business owners, landlords, property owners, and other employees may be irresponsible on their part.
Slip and fall accidents mainly happen due to poor property maintenance and lack of safety precautions. If you have been injured due to a slip and fall accident on someone else’s property, you can hold the owner accountable through a slip and fall claim.
Of course, you can do this with the help of an experienced California slip and fall accident attorney. If you have been a victim of a serious slip and fall accident in California and want to know what to do next, here’s some important information you need to know about slip and fall accidents.
Premises Liability in Slip-and-Fall Claims in California
In California, there is a law called “premises liability.” Through the premises liability, businesses are expected to maintain their property properly and ensure their customers’ safety from potential danger. If dangerous property conditions were proven to be present in a slip and fall accident, the property owner would be held liable for the accident.
Here are some basic examples of dangerous property conditions:
- Wet or slippery floors
- Improper use of handrails on stairs
- Uneven sidewalks or stairs
- Problems limiting visibility, like untrimmed shrubs
- Lack of warning signs for known hazards
- Items left out that allow someone to trip
Slip and Fall Injuries
According to the National Safety Council, over nine million emergency room visits, each year are caused by slip and fall-related accidents. There are several types of injuries people sustain from a slip and fall accident.
- Broken Bones – Suddenly slipping and falling can easily result in broken bones. Victims either suffer minor fractures or more severe fractures that may require surgery. It mainly depends on how hard they fell. These injuries can cause serious pain that may require extensive therapy.
- Soft Tissue Injuries – Some slip and fall victims may feel fine after the accident, but after a while, they may suddenly feel sharp chronic pain. It’s hard to detect at first since injuries such as sprain and ligament tears have no outer effects, which can be hard to detect. If you start showing symptoms, consult a doctor immediately.
- Spinal Cord Injuries – Spinal cord injuries are one of the most serious injuries slip and fall victims get. It can have life-altering effects if left untreated as it may result in temporary or permanent paralysis.
- Cranial Injuries – It’s common for slip and fall victims to hit their head in a slip and fall accident. Some victims get away with a minor concussion; however, other people may sustain more serious symptoms such as migraines, difficulty in thinking, and memory loss. If this is left untreated, this may lead to traumatic brain injuries and cause permanent brain damage.
- Cuts and Bruises – It’s quite normal for slip and fall victims to have cuts and bruises after a fall. They typically scrape some parts of their bodies or get bruised due to the severity of the impact. Some minor cuts can easily be treated. However, some victims get deep cuts that may require stitches.
These injuries range from minor to severe. No matter how significant your injuries are, you must consult your doctor immediately to receive a proper diagnosis and treatment.
Recovering from your injuries after a slip and fall accident can be quite financially heavy. Your California slip and fall accident lawyer can also help you receive financial compensation for your injuries.
Damages Slip and Fall Victims Can Recover in California
Each case is different; therefore, the recoverable damages that victims can recover from slip and fall accidents may vary. Usually, an experienced attorney can help you determine and compute the recoverable damages in your case. In a typical slip and fall personal injury claim, victims can receive compensation for the following:
- Economic Damages – Economic damages usually cover past and future healthcare expenses, lost income, reduced earning capacity, and other verifiable expenses you may spend due to your injuries.
- Non-Economic Damages – Non-economic damages are the emotional and mental stress you’ve experienced due to the accident. It includes pain and suffering, loss of consortium, and disability and disfigurement.
- Exemplary Damages – Exemplary damages, also known as “punitive damages,” are assessed to punish the liable party/defendant for outrageous conduct. In some cases, the defendant may attempt to tamper with the evidence by destroying surveillance video footage of the accident. In the case that they do, the victims are entitled to receive compensation for the punitive damages.
What You Should Do After A Slip and Fall Accident
If you have been involved in a slip and fall accident, here are some steps you must take to help in strengthening your claim:
Write down what happened. Don’t forget to include important details such as where the accident occurred, the conditions you were in (Was the ground wet? Was the lighting too dark for you to see where you’re going? etc.)
Don’t hesitate to take pictures of the accident scene. Some property owners may try to rush in and fix the hazards that caused you to slip and fall, take a picture of the scene before that happens as a form of strong evidence against their negligence.
- Report the accident to the property owner or the manager and ask for a copy of the incident report.
- Keep your shoes and the clothes you were wearing in a safe place. This can serve as strong evidence if the property owner attempts to blame your footwear for the accident.
- Obtain the contact information of the witnesses.
- Immediately go to a medical professional and get your injuries checked.
- Seek the assistance of an experienced California slip and fall accident attorney to help you with the legal process.
Establishing Fault
If you’ve been injured from a slip and fall accident caused by the property owner’s negligence, you have to act fast! The statute of limitations in California only gives the claimant up to two years since the incident occurred for them to file a personal injury claim. Once those two years have passed, the victim will lose the right to pursue legal action against the defendant.
An attorney can help you with your personal injury claim. They will do their investigation and aggressively fight for your rights. They will also ensure that you receive the maximum compensation you deserve after the accident.
