How Do You Know If You Have a Valid Slip and Fall Claim?

If you slip and fall on another person’s property, you may be entitled to financial compensation for your injuries. However, for your slip and fall case to succeed, you must prove that the owner of the property is responsible for your injuries under California law. In this article, we discuss how to know if you have a valid slip and fall claim. For additional information, please contact an experienced slip and fall lawyer in Los Angeles.

Liability for Slip and Fall Accidents

A slip and fall accident is a type of premises liability accident. For a property owner to be held liable for a slip and fall accident in California, you must prove the following:

(1) Duty

The first element that you must prove in a slip and fall case in California is that the property owner had a legal duty to keep the premises safe. This duty generally applies to properties that are open to the public, such as businesses. This duty may also apply to a property owner, such as a homeowner, who invites you on to his or her property.

(2) Notice

Next, you must demonstrate that the property owner knew or should have known about the condition that caused your slip and fall accident. For example, a grocery store must take reasonable measures to ensure that the aisles are clean and free of spills. If a spill occurs, and the grocery store fails to have its employees regularly inspect the aisles, the store can be found to have had notice of the spill even if it didn’t observe it.

(3) Dangerous Condition

Although this element is implied in the notice requirement, you still must provide specific proof that a dangerous condition did in fact exist at the time of your accident. In addition, you’ll have to prove that you were using the property as it was intended to be used when you slipped and fell.

(4) Damages

Finally, even if you prove all the above elements, your case won’t be successful unless you can prove that you suffered damages as a result of your fall. This means that you must demonstrate that you were either physically injured or suffered some type of property damage because of the fall.

Although it may seem relatively simple, proving the above elements can be extremely complicated, especially if the property owner disputes your description of the events that led to the accident. Therefore, in order to give yourself the best chance possible at financial recovery, you should contact an experienced slip and fall lawyer in Los Angeles for assistance with your California slip and fall case.

Common Causes of Slip and Fall Accidents

Although almost anything can cause a slip and fall accident, some causes of slip and fall accidents are far more common than others. Some of the most common causes of slip and fall accidents include:

• Poor lighting
• Debris on the ground
• Uneven flooring
• Loose tiles
• Spilled liquid on the ground
• Wet floors due to cleaning
• Missing or broken handrails
• Crowded store aisles

What is the Average Payout for a Slip and Fall?

The average slip and fall settlement is between $10,000 and $50,000 for minor injuries. However, every slip and fall case is unique, so you shouldn’t base your claim’s estimated payout amount on previous slip and fall cases. Generally, as the severity of an injury increases, so does the payout amount. Below are some common damages that may be available in your California slip and fall case: 

Medical Bills: If you were injured due to the negligence of a property owner, you may be eligible for compensation for medical costs arising from your slip and fall injury.

Lost Wages: After a slip and fall injury, you may be unable to work for quite a while. In addition to your inability to work due to the injury itself, you may have to miss work due to surgery, to attend medical appointments, and to attend physical therapy. If your injury causes you to miss work, you can seek to recover these damages as part of your slip and fall claim.

Future Damages: Due to the two-year statute of limitations for personal injury claims in California, it isn’t uncommon for an injury victim to initiate a claim before his or her recovery is complete. So, if you anticipate future medical bills and lost wages due to your slip and fall injury, you can seek these damages as part of your claim.

Additional Costs: Other damages that you may be entitled to in your California slip and fall case include costs for lodging, transportation, and equipment that is meant to aid your recovery.

Pain and Suffering: Finally, slip and fall victims often suffer physical pain and psychological trauma as a result of their injuries. Therefore, if your injury has resulted in physical pain or has affected your mental health, you may be entitled to damages for pain and suffering.

Statute of Limitations for a Slip and Fall in California

The statute of limitations is the amount of time you have to file a slip and fall case after your accident. With a few exceptions, in California, the statute of limitations to file a slip and fall lawsuit is two years from the date of the accident.

Contact a Los Angeles Slip and Fall Lawyer

If you’ve been injured in a slip and fall accident in Los Angeles, you need a slip and fall lawyer on your side every step of the way. At Glotzer & Leib, LLP, we have more than 50 years of combined experience helping slip and fall accident victims in the Los Angeles area. Our expert slip and fall attorneys understand that following a slip and fall accident, worrying about medical bills and insurance companies is the last thing you want to deal with. That’s why we’re here. Contact us today for a free consultation, and we’ll do everything we can to ensure that you receive the best possible outcome in your Los Angeles slip and fall accident case.