How to determine if you have a valid slip and fall case
(Credit: U.S. Office for Emergency Management)
Consider several factors to determine if you have a valid slip and fall injury case in California. Falls are among the leading causes of injury in the United States, but bringing a lawsuit can be tricky.
There are several areas of concern in slip and fall cases:
- Is the injury severe enough to bring lawsuit or other legal action? You may have a case if you have past, present and future medical expenses; you suffer from emotional or psychological damages; or you lost wages or the capacity to earn them.
- Did the property owner cause the dangerous situation to develop or could he have done more to prevent a dangerous situation? Did the property owner know about the danger but neglect to remediate it as a reasonable person would? Could a barrier, signage or lighting have helped the victim avoid injury?
- An attorney must prove several things:
- Whether the property owner had an obligation to the victim.
- Did the property owner fail to fulfill his obligation?
- Was injured as a result of this failure? This is the hardest part of a lawsuit in California because not every injury from a slip and fall is the property owner’s fault. It can be difficult to determine liability in such cases.
- Only if the company failed to provide the victim with care and cure can it be held responsible. If you want to sue a business for a slip and fall accident, you have to prove the company failed to meet a legal duty of care.
Businesses can be sued for slips, falls and collisions on grounds of poor hiring, supervision or training of employees.
Some situations that can lead to slip and fall cases include loose flooring or carpeting; snowy, icy or wet spots; greasy or polished floors; clutter; electric cords; shifting gravel; uneven walking surfaces, including sidewalks; and open drawers or file cabinets.
Fall cases are the second-leading cause of accidental death in the States at 25,000 cases per year. There are about 3 million cases of falls every year, including many thousands in California.
If you were injured in a slip and fall accident, please call Krasney Law at (909) 380-7200. We charge nothing for an initial consultation and may arrange payment on a contingency basis so that we get paid only if you recover monetary damages.