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In Fresno, owners of homes, businesses, and other types of public and private property have a responsibility to keep their premises safe and free of hazards. Unfortunately, not all people are aware of these duties and fail to properly maintain their properties. If you are injured in a slip and fall or trip and fall accident, you can hold the property owner liable in a personal injury lawsuit or insurance claim. The Fresno slip and fall accident attorneys at Freedman Law can represent your case and help you secure the compensation you deserve.
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Why Choose Our Personal Injury Law Firm
Why You Need a Slip & Fall Lawyer
Common Slip & Fall Injuries
Who is Liable for a Slip or Trip Accident?
Proving an Accident Claim
Damages Available to Fresno Slip & Fall Victims
Comparative Negligence in California Lawsuits
Steps to Follow After a Fall
Slip & Fall FAQ
A significant challenge you may face when pursuing a slip and fall claim is that the at-fault party will likely try to shift the blame for your injury onto you. Lawyers who specifically handle slip and fall cases have experience dealing with insurance companies that devalue or try to deny valid claims. They will ensure you are not taken advantage of and treated fairly. After investigating your accident and collecting evidence of liability, a slip and fall attorney can accurately estimate the value of your claim. They will handle negotiating a fair settlement and will not let you settle for less than you deserve.
Trip and fall accidents can be very serious. Depending on the severity of your accident, you can sustain painful, potentially life-threatening injuries that require extensive medical care. You may need weeks of recovery time and develop permanent impairments that affect your daily life.
Some of the most common types of slip and fall injuries include the following.
After a slip and fall accident, it is important to seek medical attention as soon as possible and receive treatment for your injuries. You should always seek treatment, even if you do not feel injured. You may have internal or underlying injuries that you may not notice at this stage.
Always save all records and documents related to your injury and treatment. When you are ready, bring this evidence to a Fresno trip and fall accident lawyer as soon as possible to discuss your case.
In California, property owners have a duty to maintain safe premises. If a hazard appears on their property, these owners must take action to remedy the hazard within a reasonable amount of time. Owners should also take care to warn visitors about potential hazards when they enter the property.
However, a property owner may fail to uphold this duty of care, causing a person to trip, slip, and fall because of a hazard on his or her premises. In these situations, the owner would be liable for the damages that the victim sustained. The victim could file an insurance claim or lawsuit against the owner.
To prove a slip and fall or trip and fall claim, you will need to prove the following elements.
For example, say that you notice broken stairs in your apartment building and email your landlord about the hazard. The landlord ignores your repeated requests and fails to fix the stairs. A few months later, a friend is visiting your apartment building and suffers serious injuries when the stairs collapse underneath him.
In this situation, the landlord should have reasonably known about the hazard and taken steps to fix it. At the very least, the landlord should have placed signs around the area warning visitors of the danger. Had the landlord upheld his duty of care, your friend would not have suffered his injury. As a result, the landlord is liable for your friend’s damages.
There are multiple pieces of evidence that you can use to support your case. Surveillance footage, photographs, and witness testimony are valuable. You should also collect relevant correspondence, medical records, and other documents related to your accident. Our law office will help you review the evidence and seek fair compensation in your personal injury case.
If you’ve slipped and/or fallen and were hurt, you need to know what options you have for recovery, both medically and financially. It’s important to get the medical treatment you need, but it’s also important to talk to an experienced lawyer about your legal options. Many slip and fall accidents can easily be prevented if property owners had taken the steps needed to protect the public.
Our goal is to ensure irresponsible property owners take responsibility for their actions – through financial compensation to victims. Our firm has helped many injured people recover financial losses incurred as a result of their injury. These accidents can happen suddenly, without warning, and can cause serious bodily harm, leaving thousands of dollars in medical bills and serious amounts of pain.
As a slip & fall victim, you can be compensated for:
Although you may be able to prove the property owner’s liability, he or she may claim that you are responsible for the accident. The owner may claim that you were wearing the wrong shoes, distracted by your cell phone, trespassing on the property, or committing another action that removes his or her liability. If the court accepts this claim, California’s comparative negligence rules may apply.
California is a pure comparative negligence state, meaning that the court will reduce your settlement by the amount of liability that you share. You can recover damages even if you were 99 percent responsible for the accident.
For example, say that your landlord claims that you were distracted by a cell phone at the time that you tripped on broken stairs. The court accepts this evidence and assigns you 40 percent of the fault. If you ask for a $100,000 settlement, you will only receive $60,000.
To preserve your ability to collect compensation, it is important to speak with a Fresno personal injury lawyer as soon as you can. An attorney can defend you against accusations of fault and protect your right to a maximum settlement.
Every choice you make after a slip and fall accident can potentially impact your ability to recover compensation. Taking the following steps will protect your health and your rights:
Seek Medical Care
Call 911 if necessary, or see a doctor as soon as possible. Make sure you are thoroughly evaluated, even if you believe your fall-related injuries are minor. Having medical documentation is critical to an insurance claim, and any gap in treatment can give an insurer a reason to fight or deny your claim.
Document the Accident
If you do not need to be transported to the hospital immediately, stay at the scene. Evidence must be collected quickly because the dangerous condition can disappear if it can be quickly cleaned up or repaired. Take photos or videos of the hazardous condition that caused your fall, the surrounding area, and your injuries. Ask anyone who witnessed the fall for their contact information and if they will make a recorded statement on your phone of what they saw.
Notify the Property Owner
File an accident report with the property owner or manager. It will be essential when it comes time to file an injury claim.
Speak to an Experienced Attorney
Have a slip and fall attorney evaluate your case for free and advise you of your legal options.
Who is Liable for a Sidewalk Slip and Fall?
The owner or lessor of the property adjacent to a sidewalk is typically responsible for keeping the sidewalk in good condition. However, it can be the city’s responsibility to repair a damaged sidewalk depending on local ordinances. As a result, who is liable for a sidewalk slip and fall will typically be determined on a case-by-case basis.
Who is Liable for Slips and Falls in a Business or Retail Store?
If a slip and fall occurred due to a business owner or manager’s failure to properly maintain the premises, the owner would be liable for your injuries.
Who is Liable for Private Property Slip and Falls?
If a private property owner is aware of a hazard and failed to fix or alert you of it, resulting in your slip and fall, the property owner would be liable.
Who is Liable for a Slip and Fall at Work?
You are entitled to workers’ compensation benefits when a slip and fall or trip and fall accident happens at work. However, there may be a third party that contributed to your accident which may also be financially liable. For example, a store owner if you slipped and fell while picking up supplies for work.
Who is Liable for a Slip and Fall on Government Property?
Special protections are typically afforded to government agencies. Still, you can file a lawsuit against the state or a local agency if negligence or a government employee’s negligence led to your slip and fall.
Property owners have a duty to maintain safe premises. If you slip, trip, and fall on someone else’s property, you may be eligible for financial compensation. In these situations, the attorneys at Freedman Law can represent your claim and fight for your right to maximum recovery. Call our law firm today or reach out online and discuss your legal options with a Fresno slip and fall lawyer.