Slip and fall accidents happen all the time in the United States, whether because of the poor upkeep of a walkway or public space or some other form of negligence. According to the National Floor Safety Institute (NFSI), slip and fall incidents account for over a million emergency room visits every year. Slip and fall accidents are very common, regardless of the time of year. However, they are not always as straightforward as you may think. The term “slip and fall” refers to any situation where a person slips, trips, or falls on a dangerous or uneven surface and sustains an injury. Slip and fall accidents occur every day on sidewalks and parking lots and in department stores, grocery stores, and many other types of businesses.
California Slip and Fall LawsIn California, when you suffer a serious injury in a slip and fall accident because of another party’s negligence, you have two years from the date of the incident to file a claim. As the California Code of Civil Procedure section 335.1 outlines, the statute of limitations for slip and fall claims is two years from “an action for…injury to, or for the death of, an individual caused by the wrongful act or neglect of another.” To prove negligence in a Los Angeles slip and fall case, you must show that the person or business responsible for the property had an obligation – or duty – to keep the premises safe.
Common Places for Slips And FallsSlip and fall accidents can happen anywhere, anytime, but the following places are where we see these accidents occur the most:
- Grocery stores
- Other places of business
- Job sites
What is the Most Common Cause Of Slips, Trips, and Falls?Some of the most common causes of slip and fall accidents include:
- Uneven sidewalks or floors
- Deteriorating floors
- Wet floors
- Environmental conditions, such as rain or snow
- Unsafe ladders
- Unsafe stairs
- Inadequate safety protocols
- Loose floorboards, rugs, or mats on stairs
- Liquids that have not been cleaned up
- Grease, oil, or other substances on the floor
Who is Responsible for a Fall Injury?If you slip, trip, or fall on another person’s property or business and the accident was caused by the negligence of the property owner, manager, business owner, or another responsible party; they may be held liable for your injuries. Some questions to consider when proving liability include:
- Was the property owner aware of the dangerous condition and failed to respond in a reasonable manner?
- Did the property owner or manager cause the spill, uneven surface, or other conditions that led to your accident?
- If the property owner was not aware of the dangerous condition, would another person act in a reasonable way had they discovered the problem and remedied it with the appropriate steps?
How Much is My Slip and Fall Case Worth?Several important factors must be considered when determining how much a California slip and fall case is worth:
- The amount and type of economic damage caused (including medical bills, physical therapy or rehabilitation, and other expenses related to the person’s injuries)
- How likely it is that the victim’s injuries will require long-term treatment
- The monetary value of lost wages from work or other income due to the injuries suffered
- If the person’s injuries will prevent them from returning to work
- The non-economic damages (including pain and suffering, which is subjective but calculated based on the injuries sustained)
What is the Average Settlement for Slip and Fall?The settlement following a California slip and fall accident will depend on the specific details surrounding your case, but the average is between $15,000 and $45,000. Factors to consider include the severity of your injuries and the financial losses you experienced. If medical treatment is not provided through your health insurance, our firm is prepared to arrange any required medical treatment by our network of participating physicians and hospitals. Our attorneys demand repayment by the liable party for costs related to any of the following afflictions attributed to a slip or fall accident:
- Broken or fractured bones
- Damage to internal organs
- Internal bleeding
- Deep puncture wounds
- Dislocated bones Head trauma