Store owners often resort to blaming victims after they take a fall on a hazard and hurt themselves. They’ll rely on insurance adjusters to look for ways to turn the blame back on the injured patient. They’ll resort to tactics to find any way to pay you less for your recovery or pay you nothing at all.
Victims may have to rely on strong evidence to prove who was really to blame. In some cases, that means allowing a skilled slip-and-fall attorney to fully investigate what happened and document every shred of evidence so the truth comes out.
Fighting Back if You Are Blamed for Your Slip-And-Fall at a California Store
Store owners are liable for accidents when they create hazards that might cause someone to fall. They are also responsible for monitoring the actions of other customers and cleaning up messes they may make.
When this duty isn’t taken seriously, and you get hurt on a hazard ignored by store owners and operators, you have the legal right to demand compensation for your medical bills and other hardships.
Unfortunately, many property owners will hide behind their commercial liability insurance providers. They hope insurance adjusters figure out a way to get them off the hook. Some bigger chain stores, like Walmart, will also be able to afford corporate lawyers.
These lawyers and adjusters will turn to tactics meant to cast doubt on who was to blame. They’ll lay the fault for a fall at the feet of the victim.
These are just some of the unfair strategies they turn to:
- Claim that you were clumsy
- Claim that your shoes were worn
- Claim that you were looking at your phone instead of watching your step
- Claim that you were in an area you weren’t supposed to be in
These accusations usually don’t stick if you have your evidence ready to present. You can prove the existence of an obstacle that sent you tumbling with pictures you took at the scene and witness testimony. Your lawyer would also secure store surveillance footage before it was erased to show what occurred. With this evidence in hand, a skilled attorney can end an insurance company’s tactics and force insurers to provide the maximum in support possible.
More information on what to do with your shoes after a slip-and-fall accident
What If I Was Partially to Blame for My Slip-And-Fall?
Victims can seek support for their injuries in a slip-and-fall accident, even if they are found partly at fault for an accident.
California is a pure comparative negligence state, which means more than one party can share the blame for an accident. Each party would be assigned a percentage of fault based on their contribution to what happened.
Someone who slipped may have been looking at a cell phone at the time. The injured victim may have to accept 25% of the blame. However, the store owner could still be assigned 75% of the blame for leaving a puddle out on an aisle without acting to mop it up and warn customers.
In this example, the victim could receive a settlement to help pay medical costs, but 25% of the award would be subtracted for the victim’s partial fault. A lawyer working on the victim’s behalf would look to reduce the blame as much as possible. In many cases, a skilled lawyer would fight back with evidence until the victim’s blame was reduced to zero.
Contact a California Slip-And-Fall Lawyer
If your slip-and-fall injury is more serious than some minor scrapes and bruising, you may want a lawyer to handle your case. Stores will be able to afford teams of lawyers all looking for ways to blame you for your accident or downplay the injury you’ve suffered. Your Maison Law lawyer is a safeguard against this unfair treatment.
Contact Maison Law for a free, no-obligation consultation. It’s a no-risk way to find out what your injury is worth and what you should be holding an insurance company to.
But remember, a lawyer is often able to secure much more in recovery help for you than you could earn handling your case yourself. If you require our help to get the maximum in injury support, you won’t need to pay any upfront money. We don’t get paid unless we win your case. Then, our fee comes out of the money an insurance company provides to you and your family.
