Slips and falls happen often, and sometimes they are simple accidents with no one to blame.
In many situations, though, a fall occurs not by chance but because the owner or occupier of a property fails to fulfill their responsibility to maintain a safe space before opening up their property to visitors or guests.
If you or someone you love is hurt in an incident arising from unsafe conditions at a place you are visiting — whether the location is a public space or a private home — you have a legal right to pursue a claim for compensation.
The Oceanside slip and fall lawyers at Miller & Steele Law Firm can help you understand how the law protects you in these situations and can work with you to navigate your claim and get the compensation you deserve. Give us a call at (760) 439-2210 to schedule a free consultation with a compassionate advocate who will fight for you.
How Can an Oceanside Slip and Fall Lawyer Help?
If you were injured in a slip and fall accident, time is of the essence. California law limits your right to pursue legal action against the at-fault party. The statute of limitations to file a personal injury lawsuit is two years from the accident date. By involving an attorney in the process as soon as possible, you safeguard your legal rights.
An experienced lawyer can review the circumstances surrounding your slip and fall to determine if you have a viable personal injury claim. Your lawyer can determine who is responsible for your injuries and the legal principles that apply to your slip and fall case. They can protect you from the insurance company and its attempts to deny or minimize your claim. Every step of the way, you will have a legal advocate in your corner who is fighting to secure compensation on your behalf.
What Causes Slip and Fall Accidents?
Unsafe conditions on a property can significantly increase the risk of a fall injury and can be directly responsible for causing you to slip or trip.
A few examples of the types of property conditions that could be classified as unsafe include the following:
- Dirt or debris in aisles or walkways
- Aisles that are too narrow and poorly lit
- Wet floors that become slippery
- Damaged stair treads or damaged handrails
- Uneven or unstable flooring surfaces
These are just some of the many conditions on a property that could put you at risk of a fall — and that could give rise to legal liability on the part of the property owner.
When you are harmed, you should always try to take pictures of the scene of the accident so you can have proof of the type of conditions that put you at risk.
How To Determine Who is Liable for Slip and Fall Accidents
When a fall isn’t just a random accident but instead occurs as a result of the negligence of the property owner or occupier, then victims can recover monetary compensation for damages.
The key is to determine if the property owner or occupier fell short of their obligation to maintain the space in a safe way.
“The proper test to be applied to the liability of the possessor of land… is whether in the management of his property he has acted as a reasonable man in view of the probability of injury to others,” according to Rowland v. Christian (1968) 69 Cal.2d 108.
If the owner knew or should have known, about the hazard and failed to take reasonable steps to correct it or warn you of the issue before inviting you onto their property, you should be able to pursue a legal claim with the help of an Oceanside personal injury attorney against them for the harm you endured.
What Is The Duty of Care Owed To Licensees vs. Invitees vs. Trespassers?
In determining if a property owner failed to maintain their property with reasonable care, it’s important to determine what the victim’s status is in the property. A visitor could be a licensee, invitee, or trespasser and this distinction matters when it comes to determining liability.
“Generally speaking a trespasser is a person who enters or remains upon land of another without a privilege to do so; a licensee is a person like a social guest who is not an invitee and who is privileged to enter or remain upon land by virtue of the possessor’s consent, and an invitee is a… business visitor who is invited or permitted to enter or remain on the land for a purpose directly or indirectly connected with business dealings between them,” according to Rowland v. Christian.
Trespassers are owed the lowest duty and invitees the highest. Miller & Steele can help you determine which group you fall into and whether the property owner failed to take adequate care given your visitor status.
What to Do After a Slip and Fall Accident
The steps you take in the immediate aftermath of a slip and fall accident can have a significant impact on your legal claim. These steps can help build your claim or potentially irreparably harm it. If possible, take these steps after a slip and fall accident that injures you:
Report the Accident
Report that you fell to the property owner, manager, or other party with apparent authority. This can help create a written record of the incident and ease the process of filing a legal claim later. Ask for a copy of the official written report.
Document the Accident
The property owner may take immediate steps to clean up the accident site to avoid other accidents and shield themselves from liability. Do your best to document the accident scene. Ask witnesses for their contact information. Take note of any nearby video cameras that may have captured the accident. Use your phone to take pictures of the conditions that contributed to your injuries.
Seek Medical Attention
Seek immediate medical treatment. An ambulance may respond to the scene. If so, go to the nearest emergency room. If you did not feel injured at first, you may notice symptoms in the following weeks or months. Seek medical treatment to establish the link between your injuries and the accident.
Keep Documentation
After the accident, you may begin accumulating records related to the accident, such as communications from the property owner, medical records, employment letters that show your lost wages, and other documentation. Keep these documents and provide them to your lawyer, who may be able to use them to help your accident claim.
Contact a Slip and Fall Lawyer
It’s critical that you immediately contact a slip and fall accident lawyer who can safeguard your rights and advise you of your legal options. You may be able to file a claim with the property’s insurance provider for the damages you suffered. Your lawyer can negotiate with the insurance company for fair compensation. If these settlement negotiations do not result in a fair offer, your lawyer can discuss the option of filing an Oceanside accident lawsuit.
Call The Oceanside Slip and Fall Attorney At Miller & Steele Law Firm Today
Miller & Steele Law Firm has a long track record of representing fall victims and we can put our knowledge to work for you. Call or contact our Oceanside slip and fall attorney at (760)-439-2210 today to learn more about the representation we can offer.