Injuries sustained on someone else’s property often occur due to a slip or trip. According to the National Flooring Safety Institute, over 1.1 million individuals in the United States visit emergency rooms yearly because of slips, trips, and falls. When someone trips and falls on someone else’s property in California, the owner of that property could be held accountable for damages.
A premises liability claim might be filed during a slip-and-fall accident. Victims of personal injuries need guidance through personal insurance claims to obtain justice and financial compensation to cover their expenses. In this article, the Stockton premises liability attorney provides a comprehensive overview of filing a claim after a slip-and-fall incident in California.
Reasons For Falling Most Frequently
There is a wide variety of causes for slip and fall accidents and trips and falls. A potential health or security risk on the premises is often to blame for such incidents. The following are a few of the most often cited causes of slipping and falling accidents:
- Leftover messes;
- Extremely slippery floor;
- unusually rough flooring;
- Broken floorboards;
- Carpets that are worn or uneven in any other way;
- tripping hazards caused by slack ropes on the ground;
- Garbage is strewn over public spaces where people sleep;
- Construction waste and construction flaws;
- Lack of warning indications suggesting a recently scrubbed floor;
- Missing, rusted, or otherwise deteriorated stairways; and
- Poor illumination, especially on the stairwells.
Cases involving slip-and-fall incidents are prosecuted based on fault. This is why it is crucial to investigate the specifics of why and how an accident took place. All major slips and falls, including trips and falls, necessitate a complete, serious examination by an expert Stockon personal accident attorney.
Learn What You Need To Win Your Case
Following the Advisory Board of California’s Civil Jury Instructions, “negligence” occurs “if that individual fails to employ reasonable effort to protect the property in a fairly safe state.” This applies to those who own, lease, or control the property. What constitutes due care relies on many different aspects. In California, the plaintiff will often need to show the following five facts to win a damage claim arising from a slip and fall accident:
- The premises where the slip and fall happened were owned by the defendant (the business, organization, or property owner);
- A slip or trip danger existed on the site, posing an undue risk of physical injury;
- The defendant was aware of, or ought to be aware of, the hazard but did nothing to fix it or warn visitors;
- Because of the danger, the plaintiff fell and injured themselves; and
- The plaintiff experienced actual damage in the slipping and falling accident.
Ultimately, slip & fall accident lawsuits are fact-intensive medical negligence cases. Whether or not a company or property owner can be held accountable for an accident often hinges on what they did or failed to do in the lead-up to the incident. Victims of significant slip and fall accidents in Stockton, California, should consult with an attorney experienced in premises liability as quickly as possible after the incident. This is because defendants in these cases frequently do not waste time in constructing their case.
Slip-And-Fall Statute Of Limitations
In California, you must file a claim for a slip-and-fall accident within two years after the incident. To file a claim for damages after a slip and fall accident in California, you have two years from the incident’s date, according to California Civil procedure Code 335.1. You have only two years from the date of your slip or trip and fall injury to initiate a case for damages. You may lose your right to pursue full financial compensation for your slip and slide accident claim damages if you wait too long to register your claim.
Personal injury attorneys at Law Corp, in Stockton, have extensive experience in premises liability lawsuits, including falls on icy or wet surfaces. They can assist you if you or a loved one has suffered injuries due to a slip, trip, or fall. You can call them or email them to set up a no-cost consultation. Stockton, Tracy, Sacramento, Chico Creek, Lodi, Mantequilla, Elk Grove, Bloomfield, Folsom, Roseville, and Rancho Cordova are just some of the places they serve claims for injuries sustained in slip and fall accidents.