Fremont Slip and Fall Accident Lawyer

Maison Law represents slip and fall injury victims throughout Fremont. These accidents are common and can occur anywhere at any time, often resulting in severe injuries and impacting your quality of life. Understanding your legal rights is crucial. Our dedicated Fremont personal injury lawyers are here to help. Contact us for a free consultation to learn more about your options.

What Should You Do After a Slip and Fall?

In a legal context, a slip and fall incident–no matter where it happens–is considered a personal injury claim. As such, there’s certain things you’ll need to do to protect your rights and potential claim. Like most accidents, this involves taking the following actions:

• Getting medical attention – Always prioritize your health and safety first by seeking immediate medical attention. Internal injuries or concussions may not be immediately apparent, so keeping copies of all medical records, including bills and receipts, is crucial.
  
  
• Reporting the incident – Notify the property owner, manager, or supervisor of the slip and fall as soon as you can. You may also want to request a copy of the incident report or create one yourself, outlining the details of the incident, its location, and the conditions leading to the accident.
  
  
• Getting evidence at the scene – Take photos or videos of the accident site and any hazardous conditions contributing to the incident. Record the date and time, and collect names and contact information of witnesses, if possible.
  
  
• Preserving any evidence – Make sure to keep any damaged clothing, property, or shoes from the incident, considering them as potential evidence to support your case. More to the point, don’t repair or fix them, as it will be important evidence.
  
  

Do you need a lawyer?

Obviously, not every slip and fall incident is going to require legal action, especially if it’s minor or you were just slightly injured. But the fact remains that if you get hurt in one of these accidents, you have the legal right to file an injury claim against whoever is responsible. And if you decide to do that, our team can help by:

• Legal guidance – With our experience and knowledge, we can guide you through the legal process. That starts with looking at your case and evaluating what you need to do for success.
  
  
• Collecting vital evidence – We gather essential evidence such as medical records, surveillance footage, and accident reports to build a strong case.
  
  
• Talking with insurance companies – We negotiate with the responsible party’s insurance company to seek a fair agreement, making sure your case turns out the way you need it to.
  
  
• Filing a lawsuit – If a fair settlement is unattainable, we assist in preparing and submitting a formal complaint against the responsible party, initiating the legal process for court presentation.
  
  
• Representing you in court – We represent you in court, advocating for your rights and presenting compelling evidence to support your claim.
  
  
• Preparing you for trial – In cases where a fair settlement is not reached, we are prepared to take your case to trial. Our team will present your case before a judge and jury, allowing them to make an impartial decision.
  
  

Again, the steps you take and what you need to do is going to vary from incident to incident. What’s important to understand is that you have legal rights in a slip and fall incident. With that said, a big part of your claim isn’t just about evidence, it’s about who is liable.

Liability in a Slip and Fall

When it comes to liability in a slip and fall, there’s a number of factors to consider. One of the major factors is where the accident actually happens. More so than car accidents and other injury claims, slip and falls present a challenge because  they can occur in diverse environments, like:

• Malls and shopping centers
• Restaurants
• Grocery stores
• Parking lots
• Sidewalks
• Parks
• Workplaces
• Private residences
  
  

Another huge factor is the reason that you’re at the place and whether or not there’s hazards. For example, if you’re at a store during business hours, the store has a duty to keep the area safe and free from hazards. However, if you’re in an employees only area or are otherwise trespassing outside of business hours, the store doesn’t have the same duty. So, here’s what you need to know:

• Purpose of your visit – If you entered a property without permission and got injured, the owner may have limited liability. However, if you slipped in a store due to a known, unaddressed hazard, they could be responsible.
  
  
• Owner or management actions – The owner or manager is generally tasked with ensuring safety. Specific details, like the reason for your presence and the owner’s actions, determine responsibility.
  
  

With all of this in mind, here’s who could potentially be liable in a slip and fall accident:

• Property owners or management
• Corporations or store owners
• City or state governments
• Contractors or maintenance workers and companies
• Tenants or landlords
• Product manufacturers
• Security companies
  
  

This, obviously, opens up many potential parties that could share liability for your injuries. That’s what makes the legal process so important–and sometimes challenging.

Claims Process and Damages Available

If you find yourself injured in a slip-and-fall accident, there are specific steps you should take to seek financial support for your injuries–known as “damages.” This typically involves identifying the responsible parties and bringing legal proceedings against them. The usual course of action includes:

• Filing an insurance claim
• Filing a personal injury lawsuit
  
  

As we touched on above, once we help you file a claim, we take charge of communication and negotiations with the responsible parties–specifically their insurance carriers. They conduct their investigation and will likely present a settlement offer once it concludes. While the decision to accept the settlement rests with you, pursuing a lawsuit may be necessary to obtain the full extent of your damages.

Typically, a slip-and-fall claim in can cover the following damages:

• Healthcare expenses and other costs
• Damage to your property
• Physical and emotional distress
• Psychological trauma
• Diminished quality of life or companionship
• Punitive damages, in certain cases
  
  

It’s crucial to understand that each slip and fall case is unique, and outcomes depend on the specifics of your incident and the strength of your claim. Patience is key, as the process may be time-consuming and challenging. By partnering with us, you enhance your chances of maintaining a strong claim and securing the support you rightfully deserve.

Statute of Limitations

Like any injury claim, a slip and fall has a deadline by which you have to file, known as the statute of limitations. In California, the statute of limitations for these claims is two years from the date of the accident.

Causes of a Slip and Fall

Not only can a slip and fall happen anywhere, but the injuries that can result can also vary widely. While your particular injuries are going to determine what your damages are, another important thing about these claims are the underlying causes. Typically, these result from:

• Wet or slippery floors
• Poor lighting
• Maintenance problems or issues, like broken tiles or pavement
• Obstructed walkways
• Lack of handrails
  
  

Even with precautions, slip and fall accidents can happen. While California law expects Fremont property owners to maintain safety, it doesn’t always happen. In such situations, you can count on our team for help.