Slip and Fall Injury
California Slip and Fall Attorneys | Injury Lawyers
If you slip and fall or get injured on someone else’s property, the experienced lawyers at Davidovich Stein Law Group can help you receive the compensation that you deserve. A slip and fall accident can result in a number of injuries, including broken bones, sprained ankles or wrists, traumatic brain injury, spinal damage and many more. Our attorneys are here to help you fight for adequate compensation to help cover medical expenses, lost wages, and any other injury-related damages.
At Davidovich Stein Law Group, our attorneys are highly experienced in personal injury law, which includes slip and fall and wrongful death cases. We are available around the clock to provide you with the legal advice needed to file your claim according to the rules and guidelines of personal injury law.
Call us at 818-661-2420 or email us to schedule your free consultation.
Statute of Limitations for Slip and Fall Injury in California
The statute of limitations in the state of California states that a victim of a slip and fall accident is entitled to file their personal injury claim within two years of the date that the incident occurred. When the two years have passed, the victim loses the right to pursue legal action against the at-fault party. The at-fault party can be the people who own, lease or control the property where the accident took place. If the victim is seeking compensation for property damaged as a result of the slip and fall accident, they will have up to three years to file their claim. For example, section 338 of the California Code of Civil Procedure states that the liable party can be sued if the victim broke a watch or a pair of glasses at the time of the fall.
If the slip and fall case involves someone under the age of 18, their parent or guardian is responsible for filing a claim on the minor’s behalf. In the case of a catastrophic injury endured by a minor such as a severe head injury, the judge will decide how and when the settlement is to be allocated to the harmed party.
Common Types of Slip and Fall Cases
Slip and fall accidents can occur in all types of places. An unsteady tile or spilled liquid can cause someone to fall in a way that impacts their physical well being for the rest of their life.
Our attorneys at Davidovich Stein Law Group are well equipped to handle slip and fall lawsuits as they pertain to California liability laws. We can advise you in all of the types of cases listed below:
- Indoor and outdoor slip and fall accidents
- slip and fall accidents when rain or snow is present
- slip and fall accidents that take place on boats
- slip and fall accidents that take place at marinas
- slip and fall accidents that take place in supermarkets
- slip and fall accidents that take place on an escalator or elevator
- slip and fall accidents that occur on sidewalks, driveways, or walkways
- slip and fall accidents that occur as a result of poor lighting or lack of handrails
- slip and fall accidents that take place in an apartment complex
- slip and fall accidents that take place on carpet, tile, linoleum, or concrete
All slip and fall cases are unique, which is why it is crucial to work with a lawyer that treats your case with care and attention to the details specific to your situation. We will be sure to identify all of the potentially liable parties in order to ensure that you receive the maximum compensation that you are entitled to for your pain and suffering.
Below is a list of the types of evidence we will procure on your behalf:
- Witness testimony
- Maintenance records
- Evidence of prior incidences of slip and fall related injuries on the premises
- Photographs showing precarious conditions that resulted in your accident
- Video surveillance of the incident
- Police reports
Recoverable Damages After Slip and Fall Accident in California
At Davidovich Stein Law Group, our attorneys will work with you to compile a comprehensive list of medical records, invoices of expenses related to the accident, and all other evidence so that we can properly claim the damages that you can recover. In the state of California, personal injury victims can pursue compensation for:
- Damages that are not related to your financial situation, which include disability, disfigurement, pain and suffering, and diminished quality of life
- Damages that are related to your financial situation, which includes future healthcare expenses as a result of the accident, past medical bills, lost wages, unemployment due to physical injury, and more
- Exemplary damages, which refers to actions taken to punish the victim for taking legal action
There are several factors that can dictate what type of compensation you are entitled to. These factors include but are not limited to how severe your injuries are, how much money you lost as a result of these injuries, your ability to retain employment in the future, and how these injuries have affected your relationships. We will do everything we can to ensure that your claim encompasses every potential recoverable loss.
How To Strengthen a Slip and Fall Claim
After the incident, there are a few important steps that you should take over the following few days in order to strengthen your claim. These include:
- Inform the property owner of the incident, and get a copy of the report
- Record, in detail, the events that led up to the incident. Be sure to include information about the location of the accident, the lighting conditions in the vicinity of the accident, weather conditions, and any other details such as wet tile, or uneven flooring.
- Take time-stamped photos of the scene before the owner is able to fix any hazard that might have caused the accident
- Keep a record of what you were wearing so that the party at fault cannot blame your shoes or attire for causing the fall
- Seek help from a medical professional
- Obtain the contact information of any witnesses or other parties involved
- Contact a California-based slip and fall lawyer
Willful Failure to Warn
Civil Code section 1714(a) states that “everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in management of his or her property or person, except so far as that latter has, willfully or by want of ordinary care, brought the injury upon himself or herself”
Essentially, this law declares that the owner or manager of the property holds responsibility for the state of that property. If someone gets injured because the property is not properly cared for by the owner then the victim is entitled to a personal injury lawsuit.
Comparative Negligence in California Slip and Fall Accidents
Sometimes a victim is found to be partially at fault for their own injuries. Comparative Negligence is a legal defense practiced in the state of California that holds one or parties accountable for the cause of the accident. Compensation is thus adjusted accordingly based on how much that victim is found to be at fault.
For example, if someone makes the conscious decision to run on a wet walkway that is clearly marked with a “caution when wet” sign, the courts can decide that the victim is partially responsible for their own injuries.
When an employee is injured at work, worker’s compensation is a type of insurance that protects the employee by providing medical benefits and compensation for lost income. In order to secure this type of insurance, the employee must give up their right to sue their employer for negligence.
The Occupational Safety and Health Administration can fine a company that fails to meet safety requirements. This agency is part of the United States Department of Labor, which holds businesses accountable for the proper treatment of employees by providing them with a work environment that follows safety guidelines, rules, and regulations.
Call Today and See How Our California Slip and Fall Lawyers Can Help Your Case – Call Davidovich Stein Law Group at (818)661-2420
If you or someone you love has suffered injuries due to a slip and fall accident, and are interested in filing a claim, contact the experienced lawyers at Davidovich Stein Law Group to help you with your case. We have decades of experience in settlement negotiation and can help you fight for the compensation you deserve.