From Stumble to Success: Navigating the Key Steps After a Slip and Fall Accident

From Stumble to Success: Navigating the Key Steps After a Slip and Fall Accident

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A slip-and-fall accident can change lives in just an instant. They are unpredictable and can occur at any time in your daily life: while walking on a sidewalk, climbing a staircase, purchasing in a store, or attending a concert or show. Not in vain, the World Health Organization determines that falls are the second global cause of death due to involuntary trauma and that almost 690,000 people die annually from this cause.

In the United States, according to the Occupational Safety and Health Administration (OSHA), slip, trip, and fall accidents are reported as the majority of injuries in the workplace and, after automobile accidents, appear as the second cause of accidental deaths.

The effects of this type of accident can range from mild to severe and can even cause death. Some factors increase the probability of complications after these events, such as the sufferer’s advanced age, limited mobility, or chronic illness.

Can I claim compensation after suffering a slip and fall accident?

Of course, after suffering a slip and fall accident, you will experience a series of difficulties, both physical and emotional, not to mention financial, due to everything it implies in terms of health expenses, rehabilitation, or lost wages.

If you have suffered such an incident in California, you should know that there are laws that will allow you to file claims for compensation after a slip and fall accident in public and private places and dangerous conditions.

The likelihood of greater compensation will depend on whether it can be proven that the recklessness or negligence of a third party was the cause of the mishap you have suffered. The press frequently reports cases of citizens who present and win million-dollar lawsuits even against large companies when they demonstrate that their physical, mental, or emotional health was affected by trips or falls associated with risky conditions of the facilities, spilled substances, and lack of signage, among others.

A personal injury attorney will be able to help you file a well-supported claim and obtain fair compensation.

What should I do after a slip and fall accident?

Prioritize your health and seek medical attention

Even a minor fall can cause serious or significant injuries. It is important to receive medical attention to obtain proper treatment.

You also need to collect all information about the medical care you received. Save every record, report, invoice for medications or therapies, prescriptions, and any information that will allow you to prove the magnitude of the accident and support your claim.

Document the accident scene

If you are unable to do so at the time, seek help from family or friends to take photos or videos of the place where you slipped and fell. It is important to graphically record if there was any visible danger that could have caused the accident, such as a spilled substance, deteriorated floor, obstacles in the way, or lack of signage, among others.

At this point, it is also crucial to obtain the names and contact details of any witnesses who witnessed the accident; it can be very useful later.

Report the accident

At most companies, you can complete a slip-and-fall incident or report form where you will provide all the information related to the event.

In the event that the slip or fall occurred on public property, or if you suspect that the fall was caused intentionally, you may file a police report.

Avoid sharing details on social media

In the era of social media, it is very common to fall into the temptation of reporting everything through them. But in these cases, any information you disclose about your accident can be used against you by insurance companies or third-party defense attorneys, so it is advisable to avoid doing so.

Contact a Personal Injury Lawyer

If you have been injured in a slip and fall accident, it is best to contact an experienced personal injury attorney to help you protect your rights and obtain the maximum compensation possible.

What do California laws say about slip and fall accidents?

Compensation can be claimed

In California, the law states that property owners are required to keep their premises safe for visitors. This includes, for example, keeping floors clean and dry, repairing defective handrails and railings, and warning visitors of known hazards.

Consequently, when you suffer a physical injury from a slip and fall, you may be able to file a claim to seek compensation for your damages.

That compensation will be calculated based on the severity of your injuries, expenses incurred, and overall impact on your quality of life. According to these elements, you may be compensated for medical expenses, lost wages, damages for pain and suffering, permanent disability, and compensation for wrongful death, among others.

Comparative negligence

California Civil Code 1714 states that every person is responsible not only for the result of his or her intentional acts “but also for an injury caused to another by his or her lack of ordinary care or skill in the management of his or her property or person.“

But, at the same time, it specifies that any person on the property of another can be responsible for their injuries if “intentionally or through lack of ordinary care, the injury was caused.” The bottom line is that both the owner and the visitor are responsible for avoiding injuries, so it is important to understand your legal rights and the degree of liability you had in your accident, as this could affect the value of your claim.

In the so-called “golden state,” the comparative negligence standard applies, established in 1975 by the Supreme Court, and from which a jury can determine the percentage of fault of each party and reduce the plaintiff’s compensation according to their percentage of “fault.” This ensures that even if the plaintiff is partially liable for the damages claimed, he can still be compensated for losses caused by the negligence of a third party.

Exceptions for intruders

Generally, if you trespass on a property, you cannot file injury claims in California, but there are exceptions: if there are no visible signs demarcating the property line, if the property is trap-trapped to injure trespassers, and if the intruder is a child since they do not consider themselves responsible for their actions.

Limits for filing lawsuits

Local laws set the following limits for filing claims after slip and fall accidents:

• Two years from the accident date if it occurred on private property.
• Six months from the date of the accident for accidents that occur on government property (state, federal, or municipal)
• If the slip or fall victim was a child, the legal time limit for filing a lawsuit does not begin until they turn 18 years old.
• One exception to these limits is the “delayed discovery rule,” which allows victims to file a lawsuit even after the legal statute of limitations has expired if they did not or could not reasonably have discovered their injury or its cause until after the date of the accident. In these cases, the statute of limitations for filing a lawsuit will begin to run from the date the victim discovered or reasonably could have discovered the injury or the cause of the injury.

What Counts as a Slip and Fall Accident and How to Succeed in Slip and Fall Compensation?

These are examples of situations that may qualify as slip and fall accidents:

• Falling or slipping from a spilled soda or juice in a business or restaurant
• Falling or slipping on a wet floor in an establishment
• Tripping or falling in a messy aisle of a store or chain
• Tripping on an uneven or repaired sidewalk
• Falling and being injured on an unsafe staircase or ramp
• Stumble upon unmarked equipment
• Falls of children within school facilities
• Slip or fall on the job: In California, this can be channeled through two avenues: using the workers’ compensation system or filing a personal injury claim for damages not covered by workers’ compensation (pain and suffering, total loss of income, punitive damages).

On the other hand, for a plaintiff to be successful in a slip-and-fall case, they must be able to demonstrate the following:

• That the owner had a duty to keep the property safe and failed to comply with this duty
• The owner’s failure to comply led to the slip and fall and caused the plaintiff’s injury.
• Check the physical and emotional damage that caused the injuries after the slip or fall

Contact a Kannan Law Attorney for Slip and Fall Accidents

If you are seeking compensation after a slip and fall accident, a personal injury attorney can help you understand your legal rights and protect your interests.

Our expert attorneys at Kannan Law can advise you on gathering necessary evidence, negotiating with insurance companies, and representing you in the event of lawsuits. Contact us now to receive personalized advice and the best guidance from a lawyer in San Diego. At Kannan Law, we are here to serve you.