While you do not necessarily need a lawyer to file a slip-and-fall case, having one has numerous benefits. A lawyer can:
- increase your odds of success,
- reduce the stress of filing the case,
- help you understand what you may be entitled to receive, and
- help you make informed decisions during the process.
What does a slip-and-fall accident attorney do?
A slip-and-fall attorney helps victims of slip-and-fall accidents recover the compensation they need and deserve. The claims process is long, but an attorney can help at every stage. They can:
- signal to the insurance adjuster that you intend to invoke your rights, which can increase the initial settlement offer,
- help you understand the extent of your injuries and the amount of compensation that you are likely to need to make a full recovery,
- give their experienced opinion on whether the initial settlement offer is adequate or not,
- help you understand what will happen if you refuse the settlement offer,
- represent you before the insurance company so that you can focus on your physical recovery,
- gather evidence that supports your claim for compensation, including:
- signs showing that the premises owner was liable for your injuries,
- evidence that you were not partially to blame, and
- proof showing the extent of your legal damages;
- advocate on your behalf with the insurance company, demanding a fair settlement offer,
- if no fair settlement is offered, they can file a personal injury claim on your behalf in court, and
- if still no fair settlement is offered, they can take your case to trial and present your demands to a jury.
Additionally, if you fell and got hurt at work, an attorney can help you file for workers’ compensation.
By having an attorney who has handled numerous cases like yours before, you can rely on their experience to increase your odds of success.
When should I hire a slip-and-fall attorney?
The best time to hire a slip-and-fall lawyer is right after getting hurt. By getting one involved quickly, you allow them to conduct an independent investigation of the scene of the accident. They can document the scene before anyone has a chance to change it.
You can also get their input on the initial settlement offer by immediately hiring a lawyer. Insurance companies design this offer to make it sound enticing, while also still lowballing you. A lawyer can inform you of what your case is likely worth.
Are slip and fall lawyers different from personal injury attorneys?
Slip and fall lawyers are a type of personal injury attorney.
Personal injury law includes lots of different cases, like those that stem from:
- car accidents,
- slip and falls,
- products liability injuries, and
- dog bites.
Slip and fall injuries focus their practice on slip and fall cases.
What is a slip and fall case?
A slip and fall case is when you were hurt on someone else’s premises because of their negligent upkeep.
In California, for example, property owners can be negligent under premises liability if:
- they knew or, through the exercise of reasonable case, should have known of a hazardous condition,
- that hazardous condition was on property that they owned or controlled, and
- they failed to repair, protect against, or give adequate warning of the condition.[1]
Note that this is not confined to accidents where you slip and fall. You can have a slip and fall case if you fall or get hurt after:
- tripping,
- sliding,
- falling through a broken stair or railing,
- stepping into a hidden sinkhole, or
- entering dangerous construction sites that were not roped off.
What is premises liability?
Premises liability is what property owners or managers can face if they fail to uphold their duty of care to keep visitors safe. If the property owner’s negligence leads to unsafe conditions that cause an injury, the property or homeowner can be held liable.
In California, that duty of care is doing what a reasonable property owner would do under similar circumstances.[2] Broadly speaking, this entails:
- maintaining their property in a reasonably safe condition, and
- warning guests of dangerous conditions that are not open and obvious.
Failing to do this exposes the property owner to premises liability if their failure to uphold their duty of care causes an injury. That injury does not necessarily have to be the result of a slip and fall to lead to premises liability. Other premises liability claims happen when:
- a child gains access to an unlocked swimming pool and drowns,
- a restaurant’s parking lot is unlit and a patron gets robbed because they could not see the danger, and
- a hotel patron falls from a balcony because of an unsecured handrail.
These premises liability cases can lead to substantial verdicts for the victims.
What are some common causes of slip and fall cases?
You can slip or trip and fall and get hurt in a wide variety of ways. Just a few of the most common or leading causes of these falls are:
- icy sidewalks,
- wet walkways,
- liquid spills, puddles, or slippery foods on the floor in grocery stores,
- loose carpeting,
- exposed wires that create a tripping hazard,
- uneven flooring,
- missing stair railings, and
- rotten wood supporting floors or steps.
Bad lighting can contribute to a slip and fall injury as well.
What are some common fall injuries?
The injuries that can be sustained in a slip and fall can be severe. Some common and serious injuries are:
- broken wrists, hands, or fingers from trying to break the fall,
- broken or dislocated shoulders,
- other broken bones,
- spinal cord injuries,
- injured feet or ankles,
- neck injuries,
- serious head injuries, including traumatic brain injuries (TBIs),
- a broken hip or pelvis, and
- whiplash.
Many of these injuries require medical attention in an emergency room.
Accident victims who get the legal advice of a slip-and-fall lawyer from a reputable law firm can file a personal injury case against the negligent property owner. This slip and fall accident case can recover financial compensation for, among other things, their medical bills, other medical expenses, and lost wages.
If the slip-and-fall incident proves to be fatal, a slip-and-fall accident lawyer and his or her legal team could help the victim’s loved ones file a wrongful death claim.
What is the statute of limitations for slip and fall lawsuits?
In California, the statute of limitations for slip and fall claims is two years from the date of the accident.[3]
However, if you are suing the government in California, it would be an administrative claim. These need to be filed within 6 months so you need to move fast.[4] Getting a case review from a personal injury lawyer at a local law office right away is crucial.
Legal References:
[1] California Civil Jury Instructions (CACI) No. 1000.
[2] CACI 1001.
[3] California Code of Civil Procedure 335 CCP.
[4] California Government Code 945.6 GC.
