A slip and fall claim in California is slang terminology for a personal injury lawsuit aiming to hold a property or business owner responsible for failing to keep the premises safe for visitors. Not all slip and fall accidents, however, lead to premises liability and personal injury lawsuits.
At The Law Office of Shawn Golshani | Shawn Gol Law, P.C., our premises liability and personal injury attorney, along with our team, in Los Angeles can help. Contact us at (310) 900-0809 to schedule a Free Case Evaluation.
What Constitutes Slip and Fall Cases in California?
A slip and fall case stems from an incident where a visitor gets hurt due to a dangerous condition on the premises. While it often involves slipping and falling, it is by no means restricted to that narrow scenario. Examples of slip and fall cases include:
- Tripping on a hidden obstacle
- Sliding on an icy parking lot or sidewalk
- Falling into a hidden sinkhole
- Falling through a weak floor or step
To have a slip and fall case, you will show that:
- Duty of care. The property owner or manager owes a duty to inspect the premises and address any hazardous or dangerous conditions. This duty varies depending on the jurisdiction and whether it is a commercial property that allows invitees (e.g. shoppers) or a homeowner who invites licensees (e.g., friends and family) onto the property.
- Hazardous condition. A hazard or an otherwise dangerous condition existed on the property.
- Knowledge. The property owner or manager had previous knowledge or notice of the hazardous condition.
- Damages. The victim was allowed on the property (even though the condition existed) and suffered an injury. Damages include economic damages (e.g., wage losses and medical bills) and non-economic (pain and suffering). In some jurisdictions, depending on the facts and circumstances, punitive damages may be sought to punish the wrongdoer and to prevent similar behavior in the future.
These elements of a slip and fall case may seem straightforward, but they can become complex.
Common Causes of Slip and Fall Accidents in California
To have a slip and fall case where you can obtain compensation for your injuries, an unsafe or hazardous situation must have existed. Common situations include but are not limited to:
- Wet floors or bad flooring
- Poorly lit areas or unmarked step-offs
- Poorly maintained sidewalks
- Unsafe stairs, broken or missing handrails
- Poorly operating escalators or poorly maintained elevators
- Boxes or other items poorly placed or left in the path of foot traffic
- Mishandled or mislabeled liquids, food, or chemicals (can cause burns)
- No warning or hazard signs
These situations are merely examples. Conditions creating a slip and fall accident can materialize in many different ways.
Common Slip and Fall Injuries in Los Angeles
According to the Centers for Disease Control and Prevention (CDC), millions of slip and fall accidents occur yearly, with thousands resulting in death and even more resulting is serious, complicated injuries.
The type and extent of the injury depends on the accident itself as well as the location, the environment, what the victim was doing, the victim's age, the victim's overall health or pre-existing conditions, and more. As such, injuries range from bruises to death.
Many of the following types of injuries result from slip and fall accidents:
- Broken bones or multiple fractures
- Bruises, sprains, strains, or soft tissue damage
- Bone or joint dislocation
- Ruptured or herniated disks
- Cuts, lacerations
- Neck and back injuries
- Head injuries
As mentioned, an injured person's existing health condition can impact the severity of the injury. Elderly and frail victims of slips and falls can suffer hip injuries that, statistically, lead to premature death. Younger victims also suffer when the injury creates significant setbacks and impairs their ability to work in their chosen profession or prevents participation in activities they enjoy for sport or recreation.
As you can see, slip and fall accidents can lead to serious bodily, emotional, mental, social, and financial consequences for the victim.
Liability and California Slip and Fall Accidents
Parties legally responsible for the damages caused to a person due to a slip and fall accident can be liable for those damages. Anyone can potentially be responsible, but when it is a slip and fall accident, sometimes responsible parties are:
- The business owner
- The manager of the business
- The property owner
- A company that has been hired to maintain the premises
Proving which one (or more) of these parties was responsible for keeping the property safe can be a central feature in a premises liability case.
Contact a Slip and Fall Personal Injury Lawyer in Los Angeles Today
At The Law Office of Shawn Golshani | Shawn Gol Law, P.C., our slip and fall accident attorney, along with our team, in California can help. Call (310) 900-0809, or fill out an online form to schedule a Free Case Evaluation.