Yes, it is typically company protocol for a manager to write up an incident report after a slip-and-fall accident. Having a hazardous condition on your property is considered a premises liability and store managers will be looking to document every detail of the incident to determine their company’s liability, as well as the extent of damages directly caused by the accident.
If you or a loved one has been injured in a slip-and-fall accident, you may wonder what your next steps should be. To protect yourself from liability and ensure you’re compensated for your injuries, it is recommended to speak with a reputable California Slip-and-Fall Lawyer.
Do I Need a Lawyer After a California Slip-and-Fall Accident?
If you’ve sustained injuries due to the careless actions of a person or business in California, you should seek legal counsel with a reputable Personal Injury Law Firm. Even if your injuries seem minor, they can manifest into a much bigger problem down the road, leading to major financial issues that could have been avoided with an attorney,
Insurance companies dealing with slip-and-fall injury victims will try to get you to settle quickly and for the lowest amount possible. This is a tact taken by insurance adjusters to get accident victims to sign away their right to compensation before fully understanding the extent of their injuries or their legal rights. A Slip-and-Fall Lawyer can investigate the incident and file a lawsuit against the liable parties 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 slip-and-fall accident
- 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
What Happens If I File a Lawsuit for a Slip-and-Fall Accident?
Filing a lawsuit against the at-fault party sends a clear message. It lets them know you are aware of your legal rights and are prepared to invoke them to receive compensation for your damages. A slip-and-fall accident lawsuit will be filed under premise liability. Premises liability is covered under California’s Civil Code 1714(a):
“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 car, brought the injury upon himself or herself.”
Once you’ve made the liable party aware you are suing them, you will need to prove they:
- Created a dangerous condition to exist on its property, or allowed one to manifest
- Knew about a dangerous condition but did nothing to fix or remove it
- Reasonably should have known the hazardous condition existed and did nothing about it
Next, you will have to show that:
- Your injuries were due to the dangerous condition
- You suffered harm that can be verified by a doctor or hospital
If you are successful in bringing forth this lawsuit, you will be able to recover compensation for the damages listed in the section above.
Common Causes of Slip-and-Fall Accidents in California
Slip-and-fall accidents usually occur when a person, or business, has created a hazardous condition from a failure to provide a “duty of care” to others. According to the National Floor Safety Institute, slip-and-fall accidents are the third leading cause of unintentional death in the United States. The most common causes of slip-and-fall accidents include:
- Uneven flooring
- Missing stair railings
- Rotten steps
- Loose carpeting
- Wet walkways or aisles
- Icy sidewalks
- Exposed wires
What is the Typical Compensation for a Slip-and-Fall Accident in California?
Unfortunately, there is no typical compensation for slip-and-fall accident injuries. Each case differs drastically, depending on the details of your case. However, your economic and non-economic damages are a good indicator of what you can expect to receive. The more severe your damages, the more compensation you can claim. These damages include:
- Medical expenses: your current bills and the cost of your anticipated, future medical care
- Lost wages: these include wages lost while you were too injured to work, as well as damages to your future earning capacity if your injuries are too severe for you to resume your occupational duties
- Medical equipment: costs of altering your home, or vehicle due to your disability
- Property damages: if any damage was done to your property during a slip-and-fall accident it can be included in your compensation
- Pain and suffering: the amount of suffering you sustained will be based on the severity of your injury and the extent of treatment required
- Loss of consortium: this will be filed by your spouse or immediate family member due to loss of love or companionship
Contact a Slip-and-Fall Accident Lawyer in California
If you or a loved one has suffered injuries due to a slip-and-fall accident in California, the Slip-and-Fall Attorneys at Maison Law can help guide you through the legal process step-by-step. We have years of experience in aggressively pursuing fair compensation for our clients and are ready to do the same for you. Contact Maison Law today for a free, no-risk consultation and case evaluation. There are no upfront fees at our firm, and you will not pay a cent until we’ve won your case.
