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What if a California Store Says I Was Clumsy and Caused My Own Slip-and-Fall Accident?

Maison Law guides people through the claims process when they’re hurt in a slip-and-fall accident in California. Dealing with an injury from a slip-and-fall accident can be pretty challenging, especially when an insurance company or the store itself tries to shift most of the blame to you. Our team can stand up for your rights and make sure you have a strong claim. Contact us today for a free consultation.

How Can a Store Say You Caused Your Own Slip-and-Fall Accident?

A key part of any slip-and-fall accident in California is figuring out responsibility. Typically, store owners or business managers are responsible for keeping their property safe by:

  • Regularly inspecting for hazards.
  • Quickly fixing any problems.
  • Warning you and other customers about known dangers.

If the store doesn’t keep things safe and an accident happens, they could be responsible for your injuries. To show they’re at fault, you’ll need proof that the store either knew about the hazard and didn’t fix it or should have noticed it and didn’t do anything.

Keep in mind California’s “comparative negligence” rule. This means that if you were distracted or not paying attention, you could be partly to blame, which might lower how much you get in damages. This is a nicer way of saying that you were “clumsy”, but a store is going to do whatever they can to reduce their own liability by arguing that you:

  • Ignored warning signs.
  • Should have noticed and avoided the hazard.
  • Didn’t report the accident quickly enough, or at all.
  • Are making up or overstating your injuries.

No matter what the circumstances are or what the store says, they’re ultimately responsible for the condition of their store and keeping you safe while you’re shopping there. Still, when they try to say you were clumsy or are somehow responsible, you need to know what you can do to help your claim.

How Can You Help Your Slip-and-Fall Accident Claim Against the Store?

If a store in California is trying to blame you for a slip-and-fall accident, it’s crucial to respond carefully to protect your claim. Here’s what you should do to help defend your side:

  • Get medical care – Even if the injury doesn’t seem serious, see a doctor right away and get first aid at the store. Some injuries may not show up right away, and keeping your medical records and bills will help prove the extent of your injuries.

  • Report the accident to the store – At the same time you get first aid, tell a store employee or manager about the accident right away. While the store may try to shift blame onto you, reporting it creates a record that could work in your favor if the store claims you were at fault.

  • Document the accident site – Take photos or videos of where you fell and any hazards that may have caused it, like wet floors or debris. This will be key in showing that the store’s negligence contributed to the fall. Get contact information from witnesses, as their statements could back up your account of what happened.

  • Don’t admit fault – Even if the store tries to blame you, don’t admit fault or apologize. Stick to the facts about what happened, and don’t make any statements that could be used against you. Also, don’t post about the accident on social media, as it could be misinterpreted.

  • Preserve your evidence – Keep any damaged items, such as clothing or shoes, from the fall. Don’t clean or repair them, as they will be important evidence to counter the store’s claims.

In situations where the store is trying to blame you, gathering as much evidence as possible is crucial to protect your claim. Focus on your recovery first, but know that you have legal options for getting financial support. Our team will be there to guide you through that part of the process.

How Will Maison Law Help You After a Slip-and-Fall Accident in California?

Slip-and-fall accidents can vary a lot depending on the situation. If your injuries are minor, you might not need a lawyer. However, if you’re in a situation where the store is trying to blame you, getting legal help can be very beneficial.

Here’s how our team of California slip-and-fall accident lawyers at Maison Law can help you:

  • Investigating the accident to figure out what really happened and who’s at fault.
  • Collecting critical evidence to back up your claim and show that it was the store’s fault.
  • Making the claims process easier and fighting for your rights.

While you never want to find yourself in this situation, the right help can make a big difference when it comes to recovering damages like:

  • Medical bills, including hospital visits, treatments, surgeries, and physical therapy
  • Long-term care costs for permanent injuries
  • Lost income or reduced earning ability if your injuries prevent you from working
  • Personal property damage, like broken glasses or phones
  • Pain and suffering from physical injuries
  • Emotional distress caused by the accident
  • Loss of quality of life, like reduced mobility or independence

Whether you file an insurance claim or pursue a lawsuit, having a strong case is key to recovering fair damages. Our experienced lawyers are here to help you through every step of your claim. Contact us today for a free consultation.