Accidents can happen when you least expect them. You might think all accidents are the same, no matter where they occur, but where the accident happens actually matters a lot. It decides who is responsible for your injuries and how much money you might get for compensation.
When you get injured in a slip-and-fall accident at a California store, you’ll face many challenges. These challenges include medical bills, pain, and possibly losing income if you can’t work.
Though you can’t undo the accident or the injuries, you can deal with the difficulties by holding the responsible person or party accountable. Sometimes, though, the store may try to blame you. That’s why it’s important to understand your legal options.
Dedicated California Personal Injury Lawyers
Being injured at a store in California is a situation you don’t have to face alone. Our dedicated team of California personal injury lawyers at Maison Law is here to support and guide you. We have a proven track record with our experience helping clients with various types of claims. We’ll be with you throughout your personal injury case, ensuring you get the assistance and benefits you need to recover. Contact us today for a free, no-obligation consultation to learn more.
What’s the Difference Between a Slip and Fall and Premises Liability Accident in California?
In simple terms, premises liability means that:
- If you get injured or have an accident on someone else’s property, usually the property owner is considered responsible.
This can cover various incidents, but by far the most common is a slip and fall.
Property owners are generally expected to keep their premises reasonably safe. On the other hand, those who are injured must show that the property owner’s negligence caused their injuries or the accident.
The main difference between a regular slip and fall case and a premises liability case is where the injury happened – whether it occurred on someone else’s property. If the injury occurs on another person’s property and you were invited or allowed to be there (such as a store), the property owner is fully responsible for your safety.
But if you were on the property without permission (trespassing), the owner has a lower duty of care towards you. They still need to ensure their property is safe, but they owe less responsibility to trespassers who get injured.
What Can Cause a Slip and Fall at a Store in California?
While slip and fall incidents can happen anywhere, they are more likely to happen at certain stores in California. That said, there are a number of different causes of these accidents. Some of the most common causes are:
- Wet or slippery floors – Spills, leaks, or recently cleaned floors without proper warning signs can create hazardous conditions.
- Uneven surfaces – Uneven flooring, torn carpets, or damaged tiles can lead to trips and falls.
- Clutter or obstacles – Merchandise, display racks, or other objects left in walkways can cause customers to trip and fall.
- Poor lighting – Inadequate lighting can make it difficult for customers to see potential hazards on the floor.
- Lack of handrails – Staircases without proper handrails can increase the risk of falls.
- Weather conditions – Rainwater or snow brought into the store can make floors slippery, especially near entrances.
- Negligent maintenance – Failure to repair or address known hazards promptly can lead to accidents.
- Negligent security – In some cases, inadequate security measures can contribute to slip and fall accidents.
Store owners and management have a duty to keep the store safe for customers. If there’s something dangerous, and the owner knew about it or should have known but didn’t fix it, they might be responsible for any injuries from a slip and fall. If you had a slip and fall accident in a store in California, it’s probably in your best interest to at least speak with our team of California personal injury lawyers. We can help you determine if the store really is responsible for your accident–and what you can do if they try to blame you.
Is a California Store Liable For My Slip and Fall Accident?
Figuring out who is responsible for a slip and fall accident in California is crucial after getting medical attention. Usually, store owners or business managers have a duty to keep their place safe and free from hazards for everyone using it. They do this by:
- Inspecting regularly
- Fixing problems quickly
- Warning people about known dangers
If they fail to do these things and it leads to a slip and fall accident, they might be held responsible for any injuries or damages caused. To establish their liability, you need to show evidence that the store:
- Knew about the hazard and didn’t fix it
- Should have known and didn’t take reasonable steps to address it
It’s important to know that in California, there’s a “comparative negligence” rule, which means you could be partially responsible if you were distracted or not paying attention when the accident happened. This could reduce the damages you receive. Along those same lines, there are other ways the store may try to blame you for the slip and fall accident, such as:
- You didn’t follow the warning signs.
- You should have noticed the hazard and avoided it.
- You didn’t report the accident quickly, so it might not be the store’s fault.
- You are making up injuries to get compensation.
Regardless of whether or not the store is liable for your fall or is trying to blame you, it can be extremely helpful to your potential claim if you work with our team of experienced California personal injury lawyers. Not only can we help you figure out liability, we can also help you navigate the claims process.
Should You Hire a Personal Injury Lawyer After a Slip and Fall Accident at a California Store?
If you find yourself in a slip-and-fall situation, it’s crucial to handle a number of different things in order to ready your claim. This is where our team of experienced California personal injury lawyers can help. We have extensive experience in dealing with these types of claims, and can help you by:
- Gathering important evidence like medical records and accident reports to build a strong case.
- Talking to the insurance company of the store responsible for your injuries to try to reach a fair agreement and get you the compensation you deserve.
- If we can’t reach a fair settlement, we’ll help you prepare and submit a formal complaint against the responsible party. This starts the legal process and allows us to present your case in court.
- Representing you in court, working for your rights, and presenting evidence to support your claim for compensation.
- If the insurance company or responsible party doesn’t agree to a fair settlement, we are prepared to take your case to trial. We will present your case to a judge and jury, who will make a fair decision.
Damages
In California, if you’re involved in a slip and fall accident, you must file a civil lawsuit within two years from the accident date, as per the statute of limitations for injury claims. Once you file the lawsuit, you have the potential to recover various damages, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Punitive damages, in certain cases
However, each slip and fall case is unique, and the final result depends on the specific circumstances of your fall and how your claim progresses through the legal process. It’s essential to remain patient because the claims process can be time-consuming and challenging.
At Maison Law, we value communication and will keep you informed about your case’s progress. We are here to address any questions or concerns you may have throughout the process. Our client-specific approach ensures you get the treatment you deserve.
Work With Experienced California Personal Injury Lawyers
At Maison Law, we understand how tough and frustrating it is to get injured. When someone else’s negligence causes your injury, it can turn your life upside down. When this happens, our team of dedicated and experienced California personal injury lawyers will be there to support you.
We can help you hold the responsible parties accountable for your injuries, ensuring you get the compensation you need to aid your recovery. Contact us today for a free consultation to get started.
