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3 tips to protect your rights after a fall

Slip & Fall

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Slipping and falling could inflict painful injuries and even endanger your health. In the event a negligent property owner is responsible for your fall, you should know in advance how to safeguard your rights to compensation.

Keep the following three tips in mind in case you should experience a fall somewhere beyond your own home.

Take pictures and video

Chances are that you will have a smartphone on your person during a fall. Your phone is a good way to gather evidence on the scene. However, you might not be able to get up unassisted if your injuries are serious. Sfgate explains that you may try activating the recording function on your phone. This should be enough to collect pictures and sound that could be of help to you later on.

Ask witnesses to support your claims

If you were in a location with multiple patrons when you fell, it is likely one or more people watched you fall. If they agree with your account of your injury, they could bolster your claim if the property owner denies responsibility. If you are able following your fall, you may gather contact information of eyewitnesses.

Limit what you say while reporting your injury

If you report your fall to a supervisor or anyone who is in charge of the property, be cautious of what you say. Reporting that you have fallen puts your injury on the record and adds evidence to your case, but if you say something that makes it appear that you bore responsibility for your injury, the property owner could use your own words against you.

Falls can require medical treatment and even hospital stays. Older fall victims can also experience emotional trauma. If you seek compensation, be sure that you have done all you can to support your claim.

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Thanks to a popular celebrity’s diagnosis, aphasia has garnered national and international headlines in recent weeks. According to reporting from NBC News, this nightmarish condition interferes with a person’s ability to communicate. If you develop aphasia, you may struggle to talk, write and even comprehend language.

It is not uncommon for stroke victims to experience temporary or permanent aphasia. Still, it is possible to develop the condition after suffering a traumatic brain injury. If you hit your head during a slip-and-fall accident, you may be in store for significant communication challenges.

Your brain’s Broca’s area

The Broca’s area is the part of your brain that controls speech. This area is on the outside of the left side of your brain. While your skull typically provides effective protection, it is possible to damage your Broca’s area during a slip-and-fall accident.

Damage to the brain may happen in a couple of different ways. First, an impact to the Broca’s area may cause a direct injury. More commonly, though, swelling or bleeding on the left side of your brain may cause you to experience aphasia.

Your prognosis

It is important to note that aphasia may happen immediately or progressively over time. To improve your chances of making a full recovery, it is critical to go to the emergency room for an examination. After all, you may not realize you have a brain injury until hours or even days after your fall.

Doctors may recommend speech and language therapy to help combat aphasia. Ultimately, though, it may be necessary to seek financial compensation from anyone who caused or contributed to your accident to help you pay for the medical care you deserve.

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Sometimes a slip and fall accident is harmless, but when it results in serious injury, the financial repercussions are often burdensome.

In California, there is one legal concept and two important laws that apply to lawsuits filed against a negligent property owner.

Premises liability

The concept of premises liability refers to an owner’s responsibility to maintain safe conditions on their property for all visitors with express or implied permission to be there.

Statute of limitations

The statute of limitations for a slip and fall accident lawsuit is two years for injury and three years for property damage starting with the date of the accident. If you do not file within that timeframe, the court will likely dismiss your case.

The rule of comparative negligence

Most states follow the comparative negligence rule when dealing with shared fault in a slip and fall accident. If you bear some responsibility for the accident and your injuries, the court assigns a percentage to your fault and deducts it from the awarded compensation. The two types of comparative negligence are modified and pure. California follows the rule of pure comparative negligence, which states that you may still receive compensation even if you are more liable than the defendant.

For example, if the court finds you 60% at fault for your losses and awards you $30,000 in compensation, your final award is $12,000.

When you file a personal injury claim or lawsuit for a slip and fall injury accident, you are responsible for proving that the property owner is liable for your accident and the resulting injuries.

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If you lose your footing and injure yourself in a store, you may face a host of new challenges, such as physical pain, inability to perform daily functions like you used to, and inability to work to support your family while you heal. Even if you are not eager to bring a lawsuit and go through the legal process, you need compensation for the economic and physical toll that your accident has taken on your life. Under what circumstances can you hold the storeowner legally responsible for a slip and fall?

What makes a storeowner legally liable

The mere fact that you suffered an injury inside of a store does not automatically make the owner liable for your injury. Instead, your attorney will have to prove the existence of certain elements before you stand a chance of being successful in a lawsuit.

First, there must have been a dangerous condition. In the setting of a store, this is most often something like spilled liquid, uneven stairs, a broken railing, unstable shelves and so forth.

Next, your attorney must prove that the storeowner or their employees knew about the hazard, or that they would have known about it if they had exercised a reasonable level of prudence and care.

Finally, the storeowner’s employees must have failed to take adequate steps to mitigate the danger – such as by quickly mopping up the spill, posting signs, and otherwise warning customers of the potential danger. This is because California law imposes upon every property owner the responsibility to exercise reasonable care to keep their premises safe for visitors.

What you can recover

If you are successful in your lawsuit, you can seek compensation for your medical bills. You can also ask for damages resulting from your physical and emotional suffering, as well as any missed pay resulting from your inability to work. In rare cases, if your injury results in permanent disability, you might be able to recover for your loss of future earning capacity.

Slip and fall cases can be nasty, and can result in considerable suffering for the victim. Sometimes, pursuing a claim against the storeowner is the only way to be made whole again after the accident.

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A slip and fall incident can inflict a variety of injuries that range from minor to life-threatening. Even if you recover from your injuries, the experiencing of falling might have additional negative effects. Some fall victims lose confidence in their ability to walk safely and suffer emotional distress like anxiety or PTSD.

It is possible that any accident that causes a serious injury could create emotional trauma, so it would be no surprise if you suffered anxiety after a fall. However, age may make it more likely for you to experience emotional distress. As Aging Care explains, senior citizens are at particular risk of suffering emotional trauma after a fall.

Anxiety during recovery

Psychological distress can manifest during the recovery period. The Aging Care article cites research that examined seniors who required a stay in the hospital after falling. When some patients tried to walk, they showed hesitancy in their movements. Even standing up could be a challenge. Some patients exhibited such anxiety while standing that they grabbed or clutched objects that were close by in order to support themselves.

Anxiety could cause health decline

Research has also shown that older adults who fall have double the likelihood of falling again. A senior who falls might go through lengthy hospital stays, surgery, physical disability, and cognitive decline. A fear that these outcomes might happen can contribute to anxiety of suffering another fall, which may also cause depression.

A fear of falling can cause anyone who suffers from it to withdraw from ordinary life. This can result in a sedentary lifestyle that can diminish health and actually increase the risk of falling. Given that anyone can suffer emotional distress from a serious injury, it is important after a fall to deal with emotional issues that could cause a potentially dangerous decline in your quality of life.

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As if being robbed or assaulted while on someone else’s property, or at a place of business wasn’t enough! Now you have serious injuries that require medical attention!

What happens if the assailant gets away and there is no possibility of recovering your damages from them? You may not know, but property owners have a responsibility to provide a reasonably safe environment, and if they do not, they may be deemed liable for injuries sustained on their premises.

Property Owner’s Responsibility

In California, property owners are required to ensure their premises are safe, habitable, and in good working condition. If any of these conditions are not met, then the property owner could be sued for damages that result from their neglect. This is governed by premises liability law and determining whether or not you have a case can be a complicated task. You should consult with a personal injury attorney if you have been injured on another’s premises and feel the injury could have been avoided had the property been properly maintained.

What Does Safe Mean with Regards to Crime on the Premises?

The law states that for a property owner to be liable for injuries sustained on their property, they must reasonably have been able to detect the flaw that caused injury. In the case of a slip and fall accident caused by a broken stairway, the landlord most certainly should have noticed and remedied the issue.

When we enter the realm of injuries caused by crime on that same landlord’s premises, it becomes more difficult to prove that the owner should have reasonably assumed the crime could happen. Better yet, how could the landlord have mitigated the occurrence of that crime or further protected those that occupy the property? These are all questions for a qualified Sacramento personal injury attorney, call today for a free consultation!

If it can be shown that crime is prevalent at a location, and the landlord was aware, California law may require them to have security on the premises. If security was not present, or security was acting negligent, there may be grounds for a suit. Precautions that could or should be taken include:

  • Hiring security personnel
  • Restricting street access to the premises with fencing or gating
  • Modifying operating hours
  • Trimming foliage to allow clear lines of sight
  • Installing anti-crime light fixtures
  • Installing security cameras

Contact Sacramento Personal Injury Attorney Today

If you or a loved one has been injured do not hesitate and contact a Sacramento personal injury attorney at The Weinberger Law Firm to discuss your legal options. We have offices in Sacramento & Folsom for your convenience and have the resources and expertise to aggressively litigate your case in court, fighting to get you just compensation for your injury.

Call (916) 357-6767 today for a free consultation with our Sacramento personal injury attorney regarding your personal injury case.

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According to the National Safety Council, the leading cause of emergency room visits in the US is slip and fall accidents. Slip and fall accidents occur when an individual is visiting the property of someone else and incurs an injury due to the property owner’s negligence. Below are some of the most common questions regarding slip and fall accidents but it’s always best to speak to an accident attorney in Sacramento regarding your case specifically.

What Must Be Shown in Order to Build a Strong Case?

It’s important to show that the individual or group responsible for the property on which the incident occurred was negligent. These three things must be established to have a strong case:

  • The condition of the property was dangerous.
  • The individual or group responsible for the condition of the property was aware, or reasonably should have been aware, about the dangerous situation.
  • The individual or group responsible for the property had a reasonable amount of time to resolve the problem.

How Much Can I Expect to Receive in a Settlement?

There is no one standard amount that individuals receive in a slip and fall case. It depends on the specific circumstances for each case.

How Long Do Slip and Fall Cases Take?

It is impossible to estimate how long it’ll take for a case to be resolved. Most slip and fall cases will almost definitely take 6 or more months. How long a case is expected to last depends on many factors, for example:

  • The stance of the opposing party. Are they denying responsibility?
  • The extent of the injuries. Were relevant medical bills kept? Was there a swift recovery time?
  • The willingness of each party to settle. Are the opposing parties amicable, or is the dispute malicious? This is probably one of the more important aspects of determining how long a case will last. Court proceedings are extremely slow, often taking months between each step.

Should I Wait Until I Complete Care for My Injuries Before Filing a Claim?

Once you begin medical treatment, it’s a good idea to file your claim. Waiting any longer may compromise your case. There are time limits on some aspects of filing so it’s best to start as early as possible so you aren’t stressed for time.

Is There a Statute of Limitations?

In the case of personal claims, there is a statute of limitations of two years from the time the incident took place. For cases against any aspect of the government, this statute of limitations is lessened to just six months.

There is a pause of sorts on the statute of limitations under certain circumstances. These situations include the mental or physical incapacitation of the individual, or in cases where the injuries from the incident in question did not manifest until after the statute. It’s always best to contact an accident attorney who can evaluate your case specifically and provide the best course of actions.

What Situations May Constitute a Slip and Fall?

The following situations are common ways in which a slip and fall may occur:

  • Slick or slippery floors. Spilled liquids on grocery store floors can be a serious danger to patrons, especially when left unmarked. This category also includes round objects or objects that roll because stepping on these also has a high risk of falling and incurring an injury.
  • Loose objects. Rugs, mats, and other floor coverings that have a bump or turned corner are easy to slip upon and are not safe. Broken tiles may also create a tripping hazard.
  • Weather-related issues. Icy or unshoveled ground area is not acceptable and may present a hazard to visitors to a property.
  • Surface disrepair. Broken sidewalks, potholes, uneven driveways or decks, broken steps, gravel or loose debris, can all cause an individual to slip and fall.
  • Poor lighting. Especially when combined with any other circumstance that increases the likelihood of a slip or trip, poor lighting can contribute to an individual’s inability to see where they are going or to take note of a dangerous situation.

What Injuries May Be Acquired in the Instance of a Slip and Fall Accident?

There are many questions individuals may have when they are injured in a slip and fall accident. The best way to be sure you are informed and doing everything you can to have a strong case is to have knowledgeable and motivated injury attorneys on your side. Law cases are complicated and going through the paperwork is a headache. Be sure to get advice and guidance from an accident attorney in Sacramento you can trust.

Speak to an Accident Attorney in Sacramento for Specific Answers Regarding Your Injury Claim

The Weinberger Law Firm has years of experience handling slip and fall cases so we understand how difficult and stressful this time may be. You can trust that our accident attorney will provide the compassion and dedication you need to get the compensation you deserve. 

Give us a call at (916) 357-6767 for a free consultation.