Slip and fall accidents can occur almost anywhere at almost anytime, day or night. Some occur inside while others occur outside. Some occur on private property while others occur on public property. The causes of slip and fall accidents are many and vary from spilled liquids, food, puddles, or other substances on the ground. Slip and fall accidents are considered premises liability accidents. Yet, they are just one kind of premises liability. Other kinds of premises liability include trip and fall, dangerous furniture or other objects, holes in the floor or ground, unsafe ladders, roofing, scaffolding, skylights, unsafe stairways, railings, windows and balconies. All of these unsafe conditions on property which cause injury to others. are considered premises liability.
Who is responsible when I slip and fall on property
Everyone who owns, leases, occupies or controls property has a responsibility to exercise reasonable care in the use and maintenance of their property. Civil Code §1714. Such persons have a duty to maintain the property in a reasonably safe condition.Additionally, they must take reasonable steps to inspect for any unsafe conditions on their property and must remove or repair any unsafe conditions on their property and warn of any unsafe conditions by placing signs, cones, reflective tape or other measures to prevent users of their property from encountering any unsafe conditions and being injured by those conditions. See, e.g. Delgado v. American Multi-Cinema, Inc. (1999) 72 Cal.App.4th 1403, 1406.
A condition is unsafe if it creates an unreasonable risk of harm. However, a defendant is only legally responsible for your injuries if they knew or should have known of the existence of the unsafe condition on their property. This is called “notice”. See, e.g. Williams v. Carl Karcher Enters., Inc. (1986) Cal.App.3d 479, 488. If a defendant created the unsafe condition, then they are charged with notice of the condition. Hatfield v. Levy Bros. (1941) 18 Cal.2d 798, 806. If an unsafe condition is obvious, such that a reasonable person could reasonably be expected to observe it, then the defendant does not have to warn of the condition. However, it still must use reasonable care to protect against the risk of harm if it is foreseaable that someone may necessarily encounter the condition. See, e.g. Jacobs v. Coldwell Banker Residential Brokerage co. (2017) 14 Cal.App.5th 438, 447; Johnson v. The Raytheon Co., Inc. (2019) 33 Cal.App.5th 617, 632.
If you have suffered a slip and fall injury, you may be entitled to compensation. A qualified Orange County slip & fall lawyer can review your situation to determine if you have a viable claim.
What type of injuries can result from slip and fall accidents?
Injuries from slip and falls can vary significantly from minor bumps and bruises and sprains and strains, to serious spinal injuries, traumatic brain injuries and broken bones requiring hospitalization and surgery.
What damages am I entitled to recover as a result of a slip and fall accident?
In California, a responsible party is required to provide compensation to an injured person for all harm that was caused by their wrongdoing or negligence. This includes past and future medical bills, loss of earnings and earning capacity, pain and suffering, emotional distress, inconvenience, loss of enjoyment of life, physical impairment, disfigurement, grief, anxiety, and humiliation. It also includes property damage. Under limited circumstances, it may also include punitive damages to punish the defendant for wrongdoing, if it is established that the defendant acted with malice, fraud or oppression as required by Civil Code §3294. In order to recover damages, you will need to make a claim and/or file a lawsuit against the responsible party. An experienced attorney at The Bertch Firm possesses the knowledge, training, skill and experience to pursue justice for you and secure maximum compensation for the damages you have suffered.
Protecting your rights after a slip and fall accident
At The Bertch Firm, our team significant experience representing people who have been injured as a result of a slip and fall accident. Contact an attorney at The Bertch Firm today for a free consultation.
How much is my slip and fall accident case worth?
Every case is unique and must be evaluated in light of the specific circumstances giving rise to your injury. The value of your case depends on many factors including the liability of the defendant, any comparative fault of your own in causing your injuries, and the nature and extent of all of the harm suffered by you as a result of the incident, including damages for bodily injury, loss of earnings and earning capacity, property damage, general damages (e.g. pain and suffering, emotional distress, loss of enjoyment of life, physical impairment, anxiety, inconvenience, grief, humiliation, and disfigurement) and punitive damages.
How long do I have to file a lawsuit for a slip and fall accident?
In California, the statute of limitations for all personal injury claims, including slip and fall accidents, is two years from the date the incident occurred. This is known as the statute of limitations. (See Code of Civil Procedure §§335-349.4) Code of Civil Procedure §§335-335.1 states that “the periods prescribed for the commencement of actions other than for the recovery of real property, are…[w]ithin two years: an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
However, there may be exceptions to this rule which shorten or extend the time for you to file a lawsuit. In most cases, a lawsuit cannot be brought if more than two years has passed since the date of the incident. In limited situations, the time to file a lawsuit may be longer than two years. For example, if the claimant is a minor, they must file a lawsuit within two years of their eighteenth birthday. In other situations, the time to file a lawsuit may be shorter than two years. For example, if your injury occurs as a result of wrongdoing or negligence of a public or government entity, you must submit a claim to the appropriate government entity within six months, even if the claimant is a minor. We strongly encourage you to speak to an attorney at your earliest opportunity to ensure your rights to bring a lawsuit to recover damages for the harm you have suffered are protected.
The Bertch Firm Difference
Personalized attention for your slip and fall accident claim
At The Bertch Firm, each case is overseen and prosecuted by a licensed attorney, not a paralegal or case manager. The Bertch Firm has experience with many different types of accidents, including slip and fall accidents. An experienced attorney can help you gather and preserve crucial evidence for your slip and fall accident claim. Contact The Bertch Firm today and experience The Bertch Firm difference when you hire us to represent you for your injury claim.
Contact The Bertch Firm today
For further information about your slip and fall accident claim
The Bertch Firm has represented many people who have been injured as a result of slip and fall accidents. For further information about your potential case as a result of a slip and fall accident, contact an attorney at The Bertch Firm today for a free consultation.