Maison Law represents slip-and-fall accident victims in California. If you or a loved one has slipped on a wet floor and suffered injuries, the personal injury attorneys at Maison Law can help you get the compensation you need. While insurance may cover your immediate damages, we’ll ensure you’re financially and medically covered to the fullest extent possible. Contact Maison Law today for a free consultation and case evaluation.
What is My Slip-and-Fall Case Worth?
Before you decide whether or not to settle your personal injury case with the insurance company, it is recommended to take the time to understand how much your slip-and-fall claim is worth. A slip-and-fall attorney can help you calculate your damages based on the severity of your injury, the amount of medical treatment needed, and the compensation available from the liable party’s insurance.
It is important to note that settlements reached with an attorney tend to be higher than those without one. So, if you’re seeking to maximize your slip-and-fall accident claim, it is advisable to work with a reputable attorney. If you partner with an attorney, they will send a demand letter to the insurance company, requesting compensation for your actual losses, which generally include:
- Medical bills
- Property damage
- Pharmaceuticals, wheelchairs, crutches, or whatever other medical equipment is needed
- Lost wages from time missed at work due to your injuries
These losses will be calculated and added to your final settlement amount, as well as non-economic damages, which include:
- 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
- Loss of consortium (to be filed by your spouse or immediate family member due to loss of love or companionship)
In addition to non-economic losses, plaintiffs are eligible to request more money for their non-economic damages if they:
- Had a long recovery period
- Required invasive medical treatment, or medical treatments that were ongoing
- Were particularly painful injuries
- Contained severe injuries that resulted in permanent physical alterations or disability
With the introduction of Assembly Bill 35, non-economic damages in California are capped at $390,000 in non-death cases and $550,000 in the case of a wrongful death. There is no cap for other damages you may have endured from your slip-and-fall accident, which is why it is important to speak with an attorney to fully understand the value of your claim.
Does Slipping on a Wet Floor in California Fall Under Premise Liability?
Yes, if you’ve slipped and injured yourself due to a wet floor while on another person’s property in California, it is considered a premise liability. Premise liability occurs when an owner fails to maintain their property or warn of known danger and someone sustains injuries. In this case, the owner can be held responsible for the victim’s economic and non-economic damages. Other common parties who may be liable for a slip-and-fall accident include:
- A property owner
- A business owner
- The government
- A contractor or subcontractor
Allowing a hazardous condition to exist on your property is not only unsafe, it is against the law. Under California Civil Code 1714, property owners are responsible for keeping their property free of hazardous conditions by performing routine inspections. They are required to repair, replace, or provide reasonable warning about unsafe property conditions to keep visitors safe. This includes ensuring their floors are not wet, or placing clear and obvious warnings around the hazardous area. An example of this would be a hotel owner who fails to place warning signage around an area of the hotel lobby where the tile floors have just been mopped.
How Does California Law Establish Fault in a Slip-and-Fall Accident?
Property owners owe a “duty of care” to the people who may be entering their property, even those who enter the property illegally. The California Supreme Court ruled that all injured victims must be treated the same, regardless of how they entered the premises. So, property owners must ALWAYS ensure the safety of anyone on their property.
For example, let’s say you’re doing some shopping at your local Safe Way and you slip on some milk that has leaked out onto the floor from one of the refrigerators. The expectation is that a hazard like this is cleaned up immediately, but if the Safe Way employees fail to clean up the wet floor, then a judge would most likely find the supermarket didn’t exercise reasonable care toward their customers.
In this scenario, to establish fault, you would need to prove:
- Duty of care: the grocery store has a legal obligation to warn about dangerous hazards and prevent incidents that could injure someone
- Breach: the grocery store failed to uphold its duty of care toward its customers
- Cause: the grocery store’s carelessness was a direct cause of the accident
- Damages: You suffered verifiable damages and incurred heavy losses due to the injuries sustained from the accident
Contact a Slip-and-Fall Lawyer in California
If you or a loved one has sustained injuries as a result of a wet floor in California, then our firm can help. Navigating the legal complexities of liability law can be a nightmare for you and your family, but it doesn’t have to be. If you’d like to receive the maximum amount of compensation for your injuries, contact Maison Law today for a free consultation and case evaluation. No upfront money is required for our services and we won’t charge you a dime unless we win your case.
