Los Angeles is full of hazards, and one of the most common types of accident is the slip-and-fall accident. Slippery grocery store aisles and cracked sidewalks outside Hollywood cafes create various risks to people walking through the streets in their day-to-day lives. Because Los Angeles is such a high-traffic area, these hazards pose even more danger when property owners neglect maintenance. Hiring a Los Angeles slip and fall lawyer can be vital to your recovery.
Even though it only takes a moment to fall, the injuries from hitting the ground can linger for months, years, or even a lifetime. Property owners and their insurance companies do not want to pay the consequences of their falls. They will do everything they can to shift the blame to you and deny your claim. Dordick Law Corporation is a personal injury law firm with an experienced Los Angeles slip and fall team and a proven track record of success in helping clients recover compensation.
At Dordick Law Corporation, we help victims of these accidents fight for the justice and compensation they deserve through premises liability claims. Medical bills and lost wages can impact a victim’s life heavily after they’ve fallen and sustained an injury. If this has happened to you, you shouldn’t have to pay for any of it. Let us hold the negligent parties accountable for you so that you can focus on recovering. Call our law offices at (310) 551-0949 or contact us online for a free consultation today.
The party’s insurance company or the other party’s insurance company may try to minimize your claim or offer a low settlement. Having an experienced team on your side is crucial to ensure your rights are protected and you receive fair compensation.
Understanding Slip and Fall Accidents in California
If you’ve fallen because of an unsafe condition on someone else’s property, you’ve likely experienced a slip-and-fall accident. This is a type of personal injury claim that falls under premises liability law in LA, California. These accidents commonly occur when:
- There are wet or freshly waxed floors without signage present
- A staircase has broken steps or missing handrails
- There is not enough lighting in the hallway or parking garage
- The sidewalks are uneven or broken
- A walkway, such as a grocery store aisle, is full of debris or clutter
- There are torn carpets or slippery rugs in the walkway
Fall accidents occur in a variety of everyday settings, such as sidewalks, grocery stores, workplaces, and public spaces, often due to hazards like wet floors, uneven surfaces, or poor maintenance.
These are examples of hazards that a property owner must promptly address. Under California law, a property owner must keep their premises legally safe for guests, customers, and tenants or warn about any hazardous conditions. Terms like ‘premises liability‘ and ‘slip and fall accident’ are legal terms with specific meanings in personal injury law. Failure to uphold this responsibility is called a breach of care of duty and can result in liability for the property owner. Understanding the legal process and proving someone else’s negligence is essential for a successful claim.
Where Do Slip-and-Fall Accidents Happen in Los Angeles?
A slip-and-fall accident can happen anywhere. However, some settings in LA see these accidents more commonly than other areas, such as:
- Grocery stores
- Shopping malls
- Apartment complexes
- Rental homes
- Public sidewalks
- Office buildings
- Entertainment venues and event spaces
- Bars
- Restaurants
Fall injuries can occur in any of these locations, and fall victims may have different fall claims depending on where the accident occurred.
Where the accident happens can impact who is liable. For instance, if the slip-and-fall occurred on a public sidewalk, the government might be responsible for damages. That’s important to know because the statute of limitations dictates that a claim with a government entity must be filed within six months, whereas if the at-fault party was not a government entity, you would have two years to file your lawsuit. The specific circumstances of where the accident occurred can affect how and when a fall claim must be filed.
Who’s Responsible for a Slip and Fall Injury?
Slip-and-fall accident liability can depend on a lot of factors. Responsible parties could include:
- Property owners
- Landlords
- Retail chains and franchise operators
- City or state governments
- Maintenance contractors
- Event venue managers
Who is responsible depends on where your accident occurs and who the negligent party is. For instance, if you fall while visiting your friend’s house, liability depends on where the injury occurred and whether your friend or the landlord is the negligent party. If your friend owns the home, they are the property owner and thus are responsible. However, if they rent that home, the landlord is responsible for maintaining the common areas in a reasonably safe manner for your friend and their visitors.
Proving Liability
However, there is a little more that goes into liability. Just because you fell at your friend’s house does not automatically make your friend or the landlord responsible. You must also prove:
- The liable party had previous knowledge or should have reasonably known about the hazard
- They failed to fix the danger or put up a warning
- That failure directly led to your injuries
In addition, you must prove negligence and prove liability by showing that the negligent party failed in their duty to maintain safe conditions.
This is called a breach of the duty of care. It’s important to know that it must be the landlord’s failure to uphold their duty of care that caused the accident, not your friend’s cluttered house, that caused the fall. If you fell because of the clutter, your friend may still be liable. Determining who is liable can be tricky, and each case is unique. It’s best to hire a skilled Los Angeles slip and fall attorney who can gather all the details of your case to determine liability quickly.
Premises Liability and Property Owner Negligence
You must prove property owner negligence to have a successful premises liability lawsuit. This negligence can take many forms, including:
- Failing to clean up a known spill
- Ignoring customer complaints about a hazard
- Delaying repairs to damaged flooring
- Not posting warning signs during maintenance
Under personal injury law, you must show that the fall was caused by the property owner’s failure to maintain safe conditions. Proving negligence is essential to demonstrate that your injuries resulted from a fall caused by hazardous or neglected property.
Property owners are responsible for doing everything they can to avoid slip-and-fall accidents on their property. You need to prove that they failed to repair or warn and that you are suffering as a result.
Slip and Fall Cases Involving Businesses and Landlords
If you have fallen in a grocery store, coffee shop, or office building, you might wonder if a business is liable for customer injuries. The answer is yes. A business can be held liable for injuries sustained at their place of business. That is because they still owe a duty of care to guests invited to be on their premises. A business owner has a legal duty to maintain safe premises and may be held responsible if this duty is breached. These kinds of slip-and-falls often involve:
- Spilled drinks or produce
- Recently mopped floors during business hours with no signage
- Merchandise blocking aisles
- Loose mats or faulty flooring
Landlord liability for injuries can happen when the common areas around rental units like stairwells, pools, or laundry rooms are improperly maintained. The landlord must keep these places free from hazards and ensure safety standards are met. When they are not, the landlord becomes liable.
A fall injury lawyer can help you pursue compensation and ensure you receive any required medical treatment after an accident.
What If You Were Partly at Fault?
In California, a comparative negligence rule protects you even if you were partially at fault for the slip-and-fall accident. It works like this. Imagine the accident you were involved in occurred in a grocery store. You were shopping, just like you do every week, and turned a corner. There were smashed grapes on the floor, and they caused you to slip and fall, injuring your hip. Your slip and fall lawyer in Los Angeles retrieves the surveillance footage and discovers that the grapes were there for more than thirty minutes, and therefore, the manager of the store should have reasonably known about and taken care of the hazard. However, the footage also reveals that you were texting at the time of the accident and, therefore, could not be paying attention to where you were walking.
During the court case, a jury determines that you are twenty percent at fault because you weren’t paying attention to where you were going, but the grocery store owner still holds most of the liability. The courts will use your percentage of fault to reduce the compensation you receive. In this example, your compensation would be reduced by twenty percent. However, the fact that you were texting does not make you ineligible to receive compensation.
Even if you are partially at fault, you can still seek compensation for your injuries. A skilled slip and fall attorney in Los Angeles will help you handle the claims process and work to secure maximum compensation on your behalf.
Damages in Fall Cases
Damages are the compensation you are awarded in a court case. In a personal injury case like a slip-and-fall accident, this can include compensation for:
- Economic damages
- Emergency room and hospital bills
- Medical expenses
- Physical therapy and rehabilitation
- Medication and medical equipment
- Lost wages and future earning loss
- Lost income
- Pain and suffering
- Emotional distress
Property damage and punitive damages may also be available in cases involving serious injuries or reckless conduct.
How to File a Slip and Fall Lawsuit in Los Angeles
Filing a lawsuit may seem daunting, but a lawyer can help break it down into manageable steps. A legal advisor and dedicated legal team will guide you through the legal process, ensuring you understand your rights and options. These steps include:
- Consultation: Meet with your attorney to evaluate your case. Your legal advisor will explain the time limit for filing your claim and answer any questions about the legal process.
- Investigation: Your attorney collects medical records, photos, surveillance footage, and more
- Filing the claim: Your lawyer submits a premises liability lawsuit or insurance claim
- Negotiation: Your lawyer will fight for a fair settlement with the insurance company. Most cases are handled on a contingency fee basis, so you do not pay legal fees unless you win.
The final step in the process is litigation. This step does not happen in every case. Often with the help of a lawyer, a fair settlement can be reached during negotiations, and you won’t have to endure the stress of a lengthy court battle. However, you should hire a Los Angeles premises liability lawyer who is willing to take your case to court if needed. The average settlement for slip and fall cases varies, but your legal team will work to maximize your recovery based on the specifics of your case.
Why Hire Our Los Angeles Slip and Fall Attorneys?
At Dordick Law Corporation, we are invested in the success of your case. We are experienced Los Angeles personal injury lawyers with a track record of winning premises liability lawsuits in L.A. and securing fair compensation for our clients. Our firm is a leading law firm of California personal injury attorneys with extensive experience in personal injury cases and personal injury claims. When you hire our attorneys, you can count on receiving:
- A free case evaluation and honest feedback
- Contingency fee representation, which means you pay nothing unless we win
- Prompt communication and compassionate service
- Access to skilled fall lawyers and a dedicated fall attorney for fall cases and fall injuries
If you’re suffering due to a property owner’s negligence, you shouldn’t have to face the aftermath alone. We will handle your case every step of the way, from investigation to litigation, and fight for the damages you deserve. Our law firm prioritizes the best interests of every injury victim, including those who have suffered injuries or serious injury, ensuring you receive the support and advocacy you need.
If you have suffered injuries in a slip and fall or other accident, it is important to seek medical attention and obtain proper medical treatment as soon as possible. Our team can help coordinate medical attention and support your recovery as part of our comprehensive services.
Contact us now at (310) 551-0949 and book your free consultation. Let us handle your case so you can focus on healing. Law firms like Dordick Law Corporation are dedicated to supporting clients through every step of their recovery.