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Slip and Fall FAQ | Legal Questions Regarding a Slip and Fall Claim

Slip and Fall FAQ | Legal Questions Regarding a Slip and Fall Claim

1. What is a Slip and Fall Injury?

A slip and fall injury is any accident that occurs as the result of a dangerous condition created by a property owner.

2. Who is at fault for your Slip and Fall Accident?

The general rule of law is that property owners owe a duty of care to their visitors to create a reasonably safe environment, or to warn of any unsafe conditions the property owner knew or should have known about.

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In some situations, where the victims own actions are partly to blame, California will apply “comparative negligence” to measure the victim’s level of fault.

3. Do I have a legitimate Slip and Fall injury claim?

No one slip and fall case is the same; there are several factors in determining whether you have a legitimate slip and fall claim including:

  • What was your purpose for being on the property
  • What condition led to the slip and fall
  • If you tripped of slipped on an object, was there a good explanation for the object to be there.
  • Did the property owner know, or should have known about the dangerous condition
  • How long the dangerous condition existed
  • Did the property owner act reasonably
  • Was there proper warning
  • Were there other variables, such as improper lighting, which led to the slip and fall
  • Were there any building or safety code violations

It is important that you contact a Slip and Fall Attorney at Downtown LA Law today so that we can effectively evaluate your case.

4. Will Homeowner Insurance Cover my Slip and Fall injury?

Slip and Fall Attorney Help Yes; homeowner’s insurance usually will cover a slip and fall claim.  Exceptions however could exist in instances of gross negligence or where there are contract limitations.  Most often, homeowners insurance is your best bet for recovery where an injury occurs in someone’s home.  It is important that you have a skilled personal injury lawyer to handle your insurance claim.

5. Can I recover for damages incurred on a sidewalk?

Yes.  Recovery depends on who is in control of the sidewalk.  Potentially, the city or private owner of the sidewalk may be liable. Additionally, where a third party is hired to maintain a sidewalk, that party may be liable.

Generally, slip and fall accident on sidewalks result from potholes, uneven pavement, improperly maintained tree roots, protruding objects or even excess buildup of snow and ice.

6. What Should I do After My Slip & Fall Injury?

It is imperative that you act responsibly after your slip and fall accident.  Failure to do so may can be harmful to your case.

The most important aspect to any slip and fall accident is your health.  Make sure you receive immediate medical care for your injuries.  For a full list of what to do, please check out our What Should I Do After a Slip and Fall page.

7. What damages should I expect for my Slip and Fall injuries?

At Downtown LA Law, we will seek to recovery of damage from your slip and fall accident.  This includes both economic and non-economic damages, including:

  • Medical costs resulting from hospital and emergency room care, physical therapy, ambulance costs and rehabilitation
  • Future medical care
  • Loss or income
  • Loss of future earnings
  • Pain and suffering
  • Emotional and psychological damages
  • Punitive damages where the property owners displayed reckless behavior or gross negligence

What Should I Do After a Slip and Fall

Slip and Fall accidents can be both painful and costly.  Failing to act accordingly may be detrimental to your claim, and could have severe physical and monetary consequences.  After a slip and fall accident, it is important that you:
Steps to Take After a Slip and Fall Accident

  • Seek immediate medical attention.  The most important thing to remember in any accident is that your safety comes first.
  • Take as many photos and physical evidence that will prove that your accident was the result of the property owner or business negligence.  Proving liability is essential to your claim.
  • Report your slip and fall accident to the property owner or management and make sure the business creates an incident report.  Additionally, if there are any security cameras that have recorded the accident, make sure you request the preservation of such records.
  • Take photos of all injuries you have suffered as a result of the accident.
  • Get the names, telephone numbers and addresses of all witnesses to your accident.  Often times, these are the strongest form of evidence to any fall.
  • Never make any statements, except any form of payment, or sign any forms without first contacting a personal injury lawyer los angeles.  Doing so may reduce or fully waive any rights you have to recovery
  •  Contact a slip and fall attorney at Downtown LA Law at (855)385-2529 today

SLIP AND FALL STATISTICS

  • According to the CDC, slip and fall accidents are the second leading cause of injury in the United States behind car accidents, resulting in 1 million injuries and 17,000 fatalities a year.
  • Slip and Fall accounts for 15% of all workplace injuries
  • Slip and fall injuries are responsible for many Traumatic Brain Injuries
  • The Food industry shells out close to $2 billion a year on slip and fall accidents.
  • Overweight individuals require 17.5% additional floor slip resistance.

Resources:
Centers for Disease Control (CDC)
Bureau of Labor Statistics: Injuries, Illness and Fatalities
National Floor Safety Institute