Do I Have a Lawsuit After a Slip and Fall?
Slip and fall accidents may seem like minor mishaps, but they can cause serious injuries ranging from broken bones to traumatic brain injuries. For many victims, the biggest question after such an accident is whether they have a legal claim against the owner of the premises where they fell. In California, property owners have a legal duty to keep their premises reasonably safe for visitors. If they fail to do so and someone gets hurt, they can be held liable for the resulting injuries.
Determining whether you have a valid slip and fall lawsuit depends on several factors, including the circumstances of the fall, the nature of your injuries, and the property owner’s actions or lack thereof in maintaining safe conditions. Below, we discuss some of the main factors surrounding this issue. Call Kalfayan Merjanian, LLP, to review your situation with a skilled and experienced California slip and fall attorney.
The Legal Standard in California Slip and Fall Cases
California premises liability law requires property owners, managers, and occupiers to maintain their property in a reasonably safe condition. This duty applies to businesses, landlords, government entities, and even private homeowners.
To prove a slip and fall case, you generally must show:
- The property owner owed you a duty of care.
- The owner or occupier knew, or should have known, about a dangerous condition on the premises.
- The hazardous condition caused your accident.
- You suffered actual damages as a result.
This means you cannot automatically sue just because you fell. The accident must be connected to a dangerous condition that the owner failed to correct or warn you about, and you must suffer harm that you can prove through legally acceptable evidence.
Common Causes of Slip and Fall Accidents in California
Slip and fall accidents can occur in a variety of settings, but certain hazards are especially common in California cases. Wet or freshly mopped floors, uneven sidewalks, loose rugs, cluttered walkways, and poorly lit stairwells are all conditions that can cause someone to lose their footing. Outdoor hazards, such as potholes in parking lots or debris left on a walkway, also frequently lead to accidents. In coastal areas, water tracked in from the beach is a common hazard that restaurants and store owners should be well aware of and vigilant in attending to.
Business establishments, like grocery stores and restaurants, are often the sites of slip and falls because of spilled liquids or dropped items. Apartment complexes and office buildings may see accidents tied to faulty staircases, broken railings, or cracked flooring.
Proving Negligence After a Slip and Fall
The core of any slip and fall lawsuit is proving negligence. You must establish that the property owner either created the hazardous condition, knew about it and failed to fix it, or should have discovered it through regular inspections. For example, if a spill occurs in a supermarket and remains for hours without being cleaned up, the store may be liable. On the other hand, if someone spilled a drink seconds before you slipped, the store might argue that they did not have a reasonable opportunity to address the hazard.
Surveillance footage, witness testimony, incident reports, and maintenance logs can all serve as crucial evidence. Photographs of the accident scene taken immediately after the fall are also very persuasive in court.
The Importance of Medical Evidence
Even if liability seems clear, you will still need medical evidence to link your injuries to the fall. After a slip and fall, it is critical to seek medical attention right away, even if you believe your injuries are minor at first. A thorough examination can help reveal serious injuries before symptoms become severe. Also, medical records provide an official account of your injuries and establish the causal connection between the fall and the harm you suffered.
In California, damages in slip and fall lawsuits can include medical bills, lost wages, loss of future earning capacity, pain and suffering, and other out-of-pocket expenses. Without strong medical documentation, however, it can be difficult to recover full compensation.
Defenses Property Owners May Raise
Property owners rarely admit fault easily. Instead, they may argue that your own negligence caused the accident or that you were at least partially responsible. For example, they might claim you were distracted by your phone, wearing unsafe footwear, or ignoring warning signs.
California follows a system of pure comparative negligence, which means your compensation can be reduced in proportion to your share of fault. For example, if you are found 30% at fault for your accident, your damages award will be reduced by 30%. This makes it even more important to work with an attorney who can counter these arguments and demonstrate that the property owner’s negligence was the primary cause of your fall.
Government Property and Special Rules
Slip and fall accidents that occur on government property, such as public sidewalks, schools, or government buildings, are subject to special rules. Claims against government entities in California typically require filing a notice of claim within six months of the accident. Missing this deadline can bar you from recovering damages entirely, so quick action is essential.
When to Speak to a Lawyer
Not every slip and fall accident results in a viable lawsuit. However, if you suffered significant injuries that required medical treatment, kept you out of work, or affected your quality of life, consulting with an attorney is the best way to determine your options. A lawyer can investigate the scene, gather evidence, interview witnesses, and work with experts to establish liability.
Because insurance companies often try to minimize payouts or deny claims altogether, having experienced legal representation can make the difference between walking away with little or no compensation and recovering the financial support you need to move forward.
Contact Kalfayan Merjanian, LLP
Whether you have a lawsuit after a slip and fall in California depends on your ability to prove that a property owner’s negligence directly caused your injuries. While these cases can be complex, victims do not have to face them alone. By seeking immediate medical care, preserving evidence, and working with an experienced California slip and fall attorney, you can give yourself the best chance of recovering fair compensation.
If you were injured in a slip and fall accident, the attorneys at Kalfayan Merjanian, LLP, are here to help evaluate your case. Contact us today for a free consultation.
