Bakersfield has plenty of stores and businesses that open their doors every morning hoping to welcome in a mad rush of customers. The crowds are great for business, but owners and operators have to be concerned with more than just ringing up sales. They are required by law to see to the safety of each and every visitor they welcome in. A missed chance to clean up a spill on the floor or to mop up water in the bathroom can leave customers at risk of taking a dangerous slip-and-fall. These accidents happen every day and people suffer serious injuries including broken bones and traumatic brain injuries (TBI).
If you or a loved one are the victims of negligence at a business like a department store, supermarket, or restaurant and suffer a serious injury please contact Maison Law serving Bakersfield.
As a victim, you’ll be facing a mountain of medical bills all while missing more and more time at work. You need a personal injury lawyer that won’t let up until a local business or national corporation agrees to accept all liability in your accident. That means you get the best care available at no charge to you.
How Maison Law Helps Injured Slip-and-Fall Victims in Bakersfield
Slip-and-fall injuries can happen anywhere. If someone is careless or acts recklessly, they can cause someone to suffer a slip-and-fall injury that can potentially change their entire life. And an unfortunate reality of these accidents is that most injured victims don’t realize is that insurance companies will try to undercompensate you for your injuries. Oftentimes, insurance companies don’t take into account your missed time at work, the mental trauma of suffering a life-changing injury, or the loss of enjoyment of life you’ve been forced to endure.
Fortunately, at Maison Law, we stand up for the rights of injured slip-and-fall victims in Bakersfield. An insurance company is supposed to be there for victims in their time of need, and we will take legal action on your behalf to hold them to that responsibility to ensure you are fully compensated for the following damages:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity, you’ve suffered from your injuries
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
Evidence Needed for a Slip-and-Fall Accident
A slip-and-fall accident can be life-altering, which is why it is important to collect the necessary evidence when building a case that could potentially get you your life back after an accident. The following is a list of evidence needed to build a strong case:
- Medical Records: Even if your injuries seem minor, they can manifest into something much worse weeks later. So, it is recommended to check in with a doctor and get a record of your injury. An MRI or an X-ray can reveal substantial damage that you might not be aware of. These documents will be essential to building a strong case.
- Get a Police Report: Failing to alert the police does not help your case, especially if the case comes down to your word over the person responsible for your injuries. A police officer will file an accident report and may even assign blame based on their assessment. A police report is critical evidence in any claim and will play a key role in ensuring you are fully compensated.
- Gather Evidence: You should document the accident as thoroughly as possible. Take pictures of the property where the accident occurred. Take a video of yourself recounting the accident while it is still fresh in your mind.
- Eye Witness Statements: if there are any eyewitnesses, try and get a statement from them. Or, at least, get their names and numbers, as they can testify on your behalf or provide a statement to corroborate your story later.
- Collect Information: Exchange insurance information with the party responsible for your injuries, and be sure to get their name, phone number, and contact information.
- Contact Maison Law: Our firm is standing by to help slip-and-fall accident victims in Bakersfield physically and financially recover. Call, text, or email. Our door is always open to the community, and we’d love to help you through this difficult time.
The Next Steps Maison Law Will Take With Your Slip-and-Fall Case
At Maison Law, when we take on a client who has been injured in a slip-and-fall accident, we provide them with the following services to ensure they receive a successful outcome:
- Accurate damage calculation: we calculate damages based on expert testimony, medical evaluations, and economic analyses to cover every aspect of your current and long-term, medical needs.
- Clear reports and expert witness testimony: our firm compiles detailed reports that outline the extent of your injuries and the impact they will have on the rest of your life. We organize expert witness testimony to reinforce the credibility of your claim and the incident.
- Minimizing liability: if you file a claim or lawsuit against an at-fault party, they will most likely attempt to put some or all of the blame onto you. Our firm will analyze your case and work to minimize or eliminate liability in your personal injury accident.
- Negotiating with insurers: our experienced team of lawyers are expert negotiators and understand the tacts insurance companies will take to attempt to minimize your damages and compensation. We ensure our clients receive a fair settlement that fully covers their current and future needs.
- Court Representation: our trial lawyers will represent you in court and build a strong case, highlighting the depth of your injuries and the necessity for recovering damages.
How Much Does it Cost to Hire a Slip-and-Fall Lawyer?
At Maison Law, we advocate on behalf of slip-and-fall accident victims across California. There is no hourly charge for our legal services, and we offer free consultations to all who seek advice concerning their legal matters. We operate on a “contingency” basis, meaning you don’t pay us unless we win your case. For more information on how to protect your right to compensation after a slip-and-fall injury, contact Maison Law today for a free consultation and case evaluation.
How California’s Personal Injury Law Applies to Slip-and-Fall Injuries
In California, attorneys navigate slip-and-fall accidents using personal injury laws. Typically, these accidents involve premises liability. Premises liability requires property owners to keep their areas safe for everyone working on or visiting their property. For example, if a Safeway fails to remove a wooden crate from their aisle, or warn customers that the floor is slippery from being cleaned.
If Safe Way fails to remove a hazardous condition and someone gets hurt it would be considered a premises liability as covered in California’s Civil Code 1714(a), which states:
“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 the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.
Common Slip-And-Fall Injuries
Recovering from slip-and-fall injuries can require extensive medical care and rehabilitation. For example, a torn ligament, a fractured hip or spine can require surgery and a long-term treatment plan to fully recover from. Slip-and-fall injuries are also particularly devastating for older adults. According to the Centers for Disease Control (CDC), fallsdo not seriously damage an elderly person’s health, but it could prevent them from living independently.
Typical slip-and-fall injuries include:
- Traumatic Brain Injuries (TBI)
- Fractures of the arms, wrists, ankles, knees, and hips
- Dental and facial injuries such as broken jaws or cheekbones
- Spinal cord injury and paralysis
- Cuts and lacerations
Bakersfield Slip-And-Fall Accident Hazards
Bakersfield residents have plenty of choices when it comes to picking up groceries, grabbing a burrito, or looking for a new pair of shoes. Dozens of restaurants, mini-marts, and stores big and small are lined up along Ming Avenue and the Stockdale Highway. Each property owner or proprietor owes any visitor a duty of care. This legal responsibility means they must take ensure that you have a safe and clear path anytime you walk through those automatic doors. Once you trip over a box left on the floor, they immediately bear “premises liability” and should be accountable for every expense of recovery. These dangers are easy to monitor, but store managers and employees can be negligent in their duties and end up getting someone seriously hurt. These are just a few of the hazards that can hurt you and leave property owners liable:
- Aisle Dangers – Spills from 32 Oz drinks or juice boxes should be mopped up in a reasonable amount of time. A block of wood could be sitting on the cement floor at a home supply store and be enough to send you into a trip-and-fall resulting in a blow to the head. Candy and other foods can land on the tile and cause your feet to slide out from under you. Aisle displays can also serve as a trip hazard.
- Bathroom Dangers – Bathroom floors seem slippery even when completely dry. A stop at the bathroom at a fast food joint could leave you clutching your lower back after smacking the tile. Soapy residue makes a fall that much more likely.
- Dairy Case and Frozen Food Dangers – Refrigerated cases and frozen aisles can have machinery that leaks fluid or simply discharges water onto those shiny floors. A leaky milk jug can spill out under a case where you can’t see it, but your feet can find it. A broken egg will quickly send you sideways.
- Weather Hazards – Rainwater tracked through the front door should never be allowed to pool. Wet Floor Signs should be up. Rugs down to aid in traction can roll up and create a tripping hazard.
- Parking Lot Hazards –A pothole may go unfilled for months until you come along and trip to land on your knee. Gas stations can end up with oil build-up on the pavement by the fuel pumps. Take a fall around a pump or a cement pylon and the outcomes are rarely gentle. Head injuries and even a fall that leaves you flat on your face to endure nose and mouth damage aren’t unheard of.
FAQs
Two years from the date of the accident is the statute of limitations for a personal injury in California.
Yes, specific laws are applied only to government entities. They have stricter deadlines and follow different procedures for obtaining compensation.
California is an “at-fault” state, and a percentage of the blame will be assigned to you by a police officer, insurance adjuster, or a jury, if you are partially at fault. If you reach a settlement, that percentage will be deducted from your compensation.
Contact a Bakersfield Slip-And-Fall Lawyer
A local business or a national chain will likely have insurance agents and corporate lawyers reaching out to you, but it won’t be to check on your wellbeing. These representatives like to secure recorded statements from victims to see if they’ll say anything that hurts their case against their client. Don’t answer these purposely confusing questions.
Let an experienced Bakersfield Slip-And-Fall Attorney handle all communication with opposing lawyers and insurance agents to make sure you don’t forfeit your chance to get what’s fair for what you’ve been put through.
If you’ve taken a serious fall at a place of business or a public building contact attorney Martin Gasparian for a free and confidential case evaluation. Mr. Gasparian works with victims to make sure they are never held accountable for the mistake of a business or corporation. You may feel helpless against a retail giant or a supermarket chain, but allow a Bakersfield Lawyer to turn the tables and make those responsible for your injury do the worrying.
