Slip and Fall
 
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Structural damages to a building, often due to age or wear and tear, can be a significant cause of injury. Uneven steps, parking lot potholes, cracked sidewalks, broken tiles, or torn carpeting can create dangerous situations for visitors to a building. Building owners must also ensure that the building's structure is in compliance with applicable building codes. For example, handrails and other similar structures typically must be installed at a certain general height. If you fall on a stairway that lacked appropriate handrails, and the lack thereof caused your injuries, you may have a valid claim against the building owner for violating building codes.
This pair of medical illustrations were created for the trial of a case where a woman broke her hip in a fall at a grocery store. The professionally created medical images were made to be an accurate demonstration of the fractures suffered by our client, and the manner in which the surgery was done to repair the severe fractures, including the hardware and screws that were used. These images were used during the testimony of the surgeon to help the jury fully understand the serious nature of the injury and the required surgery. Illustration by Gale Heilman of Legal Graphics.
Slip and fall accidents often happen because of the weather. Landowners are generally expected to take reasonable steps to reduce hazards created by adverse weather. This can include, but is not limited to, shoveling snow, salting or sanding icy and slippery spots, and installing anti-slip devices on outdoor steps. As with other cases, if the landowner has no reasonable opportunity to correct the problem, as where a flash flood has created a hazard, the landowner will not held liable for injuries caused by the hazard.
Slip and fall accidents center on the question of a property owner's duty to care for the property and are governed in California by comparative negligence law. To prove negligence, you will have to prove that the property owner knew or should have known about the problem and failed to repair it. Occasionally, negligence can be proven by violation of a statute. Under California's comparative negligence law, a determination of fault is required and the damages are apportioned accordingly. Therefore, if it is found the plaintiff is at even slight fault, his total damages will be reduced by the percentage amount he was found to be at fault. This is because as a guest on someone else’s property, you are expected to exercise reasonable judgment and caution.
Slip and fall cases are difficult to win as it is often difficult to prove the property owner knew or should have known about the problem and failed to repair it. It is also hard for many victims to know exactly what a property owner's duty of care is. If you are involved in a slip and fall accident, it is important that you:
- Inspect the area where you fell, and try to determine what caused you to fall.
- Make sure to write down the names, addresses and phone numbers of anyone in the vicinity where the incident occurred since you will likely need them as witnesses on your behalf. Even if someone did not see you fall, he or she could, if necessary, describe your pain and the conditions of the floor, lighting, or other hazard immediately after you fell.
- If the incident occurred in a store or place of business, speak with the manager or supervisor on duty, and have them make a record of the incident, being sure to get a copy of anything prepared. If anyone (especially an employee, supervisor or manager) makes a comment suggesting that this has occurred before, or that they were aware of the condition before your fall, obtain this person’s name and job title. Make sure to get the name, address and phone number of anyone else who heard him or her make the statement.
- Have someone take photographs of the area as soon as possible, so a record is made. Dangerous conditions have a way of changing if the property owner thinks that you might file a claim for injuries.
- If you slip on any substance on the floor, obtain a sample of the substance if possible.
- After receiving appropriate initial medical treatment, contact an attorney with experience in handling claims for personal injury resulting from slip and fall accidents.
At Blackman Legal Group we know the details and effort necessary to successfully recover what you are entitled to. If you or a loved one has been injured in a slip and fall accident, call Blackman Legal Group now at 1-800-444-5602 or CLICK HERE TO SUBMIT YOUR QUESTIONNAIRE FOR A FREE CASE EVALUATION. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.