A slip and fall injury is caused by hazardous conditions on a person’s property. This type of accident is very common, but proving fault can be very complex. To win this type of claim, a slip and fall lawyer must prove that the defendant knew or should have known about the danger on their property, and should have repaired or removed it, or that the defendant created the hazard that led to the accident. This type of case can be difficult to prove, which is why you need a lawyer by your side, one with several years of experience in premises liability law and someone with a proven track record for success in these types of complicated cases.
A slip and fall accident is a type of personal injury case that involves falling on someone’s property as a result of a dangerous condition. Slip and fall accidents and trip and fall accidents are the most common types of premises liability cases.
If you’ve suffered injuries from a slip and fall, get in touch with the team at MVP Accident Attorneys. Our dedicated slip and fall attorneys have several years of experience in this area of the law.
We can help by:
If you have recently been injured in this type of accident, you must speak to an attorney as soon as possible.
A slip and fall accident can happen anywhere on a property, indoors or outdoors. These accidents commonly take place at locations including a:
When you visit another person’s home or visit a store, you deserve to feel safe. A property owner has the obligation to ensure the safety of visitors or guests when they are on their property. A slip and fall case is governed under negligence law.
A business owner or property owner can be held liable for a slip and fall accident caused by:
If you have been injured in a fall in California, you may be entitled to compensation. If you fell while you were at work, you may be able to file a workers’ compensation claim. If you fell on someone else’s property, you can file a personal injury claim and prove that the owner of the property was negligent.
“Slip and fall” is a term that’s used to describe a wide range of situations. You may enter a restaurant and fall on a spilled drink. You may slip on a frozen sidewalk when you’re walking down the street or visit your local store and fall down the stairs due to a broken handrail.
Regardless of how your accident occurred, it can result in catastrophic injuries. Some of the most common injuries include:
In a slip and fall accident, you must prove that the property owner failed to warn you of known dangers or failed to maintain their property in a reasonably safe condition.
In Orange County, there are a few types of damages available:
The monetary damages you suffer are called economic damages. These damages include past and future medical expenses, lost wages from work, and anything that has a price tag attached that’s directly related to the injuries you sustained in the fall.
These damages refer to the losses that don’t have a specific dollar value, including pain and suffering.
These damages are awarded to punish the defendant when they have acted in a reprehensible way. These damages are also meant to deter the public from carrying out the same acts in the future.
This type of accident often occurs in commercial settings, such as a retail store, grocery store, hospital, or parking structure, however, it can also occur in a private residence or on public property.
This type of case requires a thorough and prompt investigation of the fall-related accident. If you slip in a restaurant or store in Irvine, the question of liability can depend on whether the property owner was aware or should have been aware of the hazardous conditions on the property.
To prove your claim and hold the property owner responsible, your attorney must investigate and learn all of the facts of the case, such as:
If a spill happens only moments before a person slips and falls, it can be difficult to prove that the property owner was liable for the accident that resulted from the condition. It may be necessary to view video footage, if available, and interview witnesses and employees.
If the spilled liquid remained on the floor for a significant amount of time, the property owner, business owner, or manager can be held liable. Property owners, business owners, and managers must perform reasonable maintenance procedures to keep their premises and floors clear of foreign substances and debris. Because of this, the more time that has elapsed between the time when a hazardous condition came into existence and the length of time the accident occurred due to the hazardous condition, the more likely the business or property owner will be found liable for negligence.
Hazardous conditions, such as uneven or broken floor tile, a missing guardrail, a spilled drink, or a broken or missing stair may all create a basis for liability in California if the owner of the property didn’t take reasonable care to correct the hazard or warn of the danger. However, your attorney must find evidence that supports that the owner of the property didn’t take reasonable care to protect against a slip and fall accident.
Evidence that reasonable care was not taken can include:
Like every other type of negligence claim, there are three things an attorney must prove:
Whether or not the property owner is responsible for your injuries will depend on your status on the property.
Your status will depend on why you were on the property. For example, if you visit a retail store as a customer, you are classified as an invitee. In this situation the property owner must be proactive in ensuring the property is safe. In some cases, the accident victim must show that the property owner knew of the hazard before the injuries occurred and had a reasonable amount of time to make repairs.
In other cases, a person may be on the property for their own benefit or on the property as a social guest. In these situations, the property owner may not have as much responsibility to invitees. There are many other issues with tenant/landlord relationships and the injuries on land that is open to the public for recreational use.
In many of the cases that the slip and fall lawyers at MVP Accident Attorneys have handled, the property owner’s insurer will argue that the accident victim was partially at fault for their injuries.
Proving negligence in a slip and fall case comes with many challenges. Uniform standards and building codes may come into play. In these cases, expert witnesses are often involved.
With the help of a premises liability lawyer in Irvine, you will have an experienced and knowledgeable attorney by your side, someone who will know exactly how to obtain the evidence needed to prove liability and help you receive a fair settlement.
A slip and fall can result in serious injuries that can prevent you from going back to work, participating in the activities you once enjoyed and returning to your old way of life. You may be out of work, recovering from your injuries, dealing with insurance adjusters who are pressuring you to settle, as you struggle to make ends meet. However, you don’t have to go through this alone.
At MVP Accident Attorneys, we work hard to ensure the best possible outcome for our clients. Our slip and fall lawyers represent people who have suffered personal injuries in Irvine, California. To learn more about the services we offer and how we can help, contact our office today.