Monterey Slip & Fall Lawyer
A slip and fall is one of the most common accidents to befall people in the United States. They can happen to anybody, anywhere, at any time. They can cause serious injury and are a leading cause of death for people over 65 years old. Over eight million people visit a hospital emergency room every year due to a fall, making it the most common reason for a trip to the ER. Regardless, the fact that slip and fall injuries are common does not excuse property owners from their duty to provide safe premises to prevent slip and fall accidents that are otherwise avoidable. On the contrary, property owners can and should be held liable when their negligence or irresponsibility is the reason a slip and fall occurs. The Allen Law Firm is here to help injury victims recover compensation when they’ve been injured because of another party’s negligence. Contact our experienced lawyer today for a free consultation.
Premises Liability Under California Slip & Fall Law
California’s negligence statute, found in California Civil Code section 1714, says that everyone is responsible for injuries to others caused by their willful acts as well as their lack of ordinary care or skill in the management of their property, except so far as the victims brought the injury on themselves through their own willfulness or lack of ordinary care. Property owners can therefore be liable for injuries caused by property defects or dangers:
- That the property owner created
- That the property owner knew about but did not fix or warn about
- That the property owner should have known about but failed to discover through reasonable inspection
Owners, managers, and employees of grocery stores, retail shops, hotels and other properties must take reasonable steps to keep their premises safe, including their outdoor grounds, sidewalks and parking lots as well as inside the building. This duty can include promptly cleaning up spills or picking trash or merchandise off the floor; installing and maintaining adequate lighting and floor mats; making sure steps or ramps are clearly marked; repairing defects such as broken steps, missing handrails or torn carpeting, and putting up warnings about any dangers that exist but haven’t been repaired.
Recovering Compensation After a Slip and Fall in Monterey
A slip and fall accident can cause painful, debilitating injuries that put you in the hospital or keep you at home and out of work for days, weeks or months. They can also cause permanent disability or catastrophic injury, as well as fatal injury as noted above.
There are three things you will typically need to prove in order to establish a legal basis for compensation under California’s law on “premises liability”, namely:
- the existence of a dangerous condition that caused you to fall,
- that the property owner or occupant knew or should have known about the danger, and
- that the property owner or occupant failed to take reasonable actions to remove the danger or to provide clear warning to their customers or guests.
Once you show that you have a legal basis for seeking compensation, you may be wondering how much you can expect to recover as compensation for your injuries.
The damages that are recoverable in a slip and fall case fall in to two broad categories:
Economic Damages
this category of damages includes your ambulance bill, emergency room and hospital bills, doctors’ bills, physical therapy bills, other medical expenses, lost wages for work that you missed after the accident or after any necessary medical treatment. Economic damages also include the amounts you are likely to spend on future medical treatment and your likely loss of future wages (also called a reduction in “earning capacity”).
Non-Economic Damages
This category of damages is intended to compensate accident victims for their pain and suffering, the loss of their ability to engage in normal daily activities and beloved hobbies, and the overall loss of the ability to enjoy life. There is no set formula for determining the amount of non-economic damages that can be recovered in an injury case. The amount of compensation for non-economic losses will depend on factors such as the severity of your injuries, your age, how healthy you were before the accident, and a variety of other factors.
Common and Most Serious Injuries to Result From a Slip and Fall
- Muscle tears, strains and sprains
- Sprained ankles and wrists
- Broken bones, including ankles, wrists, and arms
- Fractured hips
- Facial lacerations
- Scarring, disfiguring injuries
- Neck and back injuries, including a broken back and spinal cord paralysis
- Head injuries, including concussions and traumatic brain injuries
After a slip and fall accident, the negligent property owner should be liable to you for all your legal damages, meaning the costs of the injury you are forced to endure. Slip and fall damages include current and future medical bills, lost income for time missed from work or due to employment disability, pain and suffering, emotional distress, mental anguish, loss in quality of life, loss of ability to care for and support family members, and more.
Steps to Take After a Slip & Fall Accident
When a fall happens, victims are often embarrassed and may downplay what happened. Unfortunately, even a seemingly minor slip-fall injury in Monterey can have serious impacts on your health. To protect yourself and your rights in a claim, take the following steps when any type of fall happens:
- Report the incident immediately to the property owner or other authority;
- Make sure an accident report is filed and get a copy;
- Make note of the circumstances surrounding your fall and any witnesses nearby;
- Get the name of the property owner’s insurer and other contact information.
Common Types Of Monterey Slip And Fall Accident Injuries
The California Department of Public Health (CDPH) reports that falls are the number one cause of personal injuries in Monterey County, impacting more than 10,000 residents each year. They can happen when visiting others in their home or in public places, such as local stores, restaurants, office buildings, entertainment complexes, and other attractions.
When slip and fall accidents in Monterey are caused by property owner negligence, you have the right to hold them liable for your costs.
Falls are no minor accidents. They can result in personal injuries that cause chronic pain and long-term disabilities. The following are common types:
Bone fractures
According to the Centers for Disease Control and Prevention (CDC), hip and pelvic fractures are particularly common and can cause limited mobility for years after.
Soft tissue injuries
Sprained, strained, and torn muscles can seriously harm sensitive areas, such as the ankles, knees, or wrists, and may require long months of physical therapy to recover from.
Back and neck injuries
Dislocated or herniated discs and fractured vertebrae are common after falls. They can prove debilitating for victims, causing ongoing pain and limited mobility.
Head injuries
These are some of the most severe types of fall injuries. Symptoms may be subtle at first but can result in ongoing physical, emotional, or cognitive issues.
Spinal cord injuries
Injuries to the spinal cord or column can leave victims suffering temporary or permanent paralysis.
Elements Of Negligence In A Monterey Slip And Fall Accident Claim
When a slip and fall injury in Monterey happens due to a property owner’s negligence, you have the right to hold them accountable. Our Monterey slip and fall lawyer explains the four elements of negligence in a premises liability claim.
Slip and fall accidents frequently occur in stores, restaurants, hospitals, office buildings, and in other public places due to property owner negligence. Negligence is a legal term that means failing to take reasonable precautions to prevent personal injuries or acting in a reckless manner, causing others to suffer harm. Common examples of negligence in slip and fall accident claims include:
- Failure to clean up wet, slippery floors or post warning signs alerting visitors;
- Failure to maintain carpeting, tile, cement sidewalks, and other surface areas;
- Failure to rope off areas under construction;
- Failure to clear aisles or walkways and remove excess clutter;
- Failure to install proper lighting and handrails on stairs or at heights.
Proving Negligence In A Monterey Premises Liability Claim
Under California Civil Code Section 1714, everyone is responsible for their actions or inactions and can be held accountable for personal injuries suffered by others as a result. When slip and fall injuries in Monterey happen due to failure to properly maintain the property or warn visitors of potential hazards, you have the right to hold the property owner accountable in a premises liability claim.
There are four aspects of negligence you will need to prove your case and get the compensation you need to recover. These are:
- Duty of care: The property owner had a legal duty to maintain the property and to warn visitors of potential risks.
- Breach of duty: The property owner (or manager) failed in this duty.
- Causation: The breach of duty was a direct cause of personal injuries suffered by the victim.
- Damages: The victim suffered actual harm and real damages, such as medical costs, lost wages, and other expenses.
Evidence used to prove the four elements of negligence includes photos of the scene, the testimony of witnesses, medical records, and statements from yourself, medical providers, your employer, and others involved.
Should I Hire a Slip & Fall Lawyer?
Slip and fall accidents can be some of the more difficult cases to pursue. Often the property owner will allege they did not have a reasonable amount of time to become aware of the hazard and fix it before the accident, or they might say the danger was so obvious no warning was needed. Another common tactic is to claim that the accident victim was not being careful enough or paying enough attention to avoid slipping and falling. Any amount of negligence attributed to the victim will reduce how much compensation you can recover from the property owner. It’s therefore essential to make sure you get an experienced lawyer on your side who can not only prove the property owner’s fault but also challenge or disprove any allegations that your own negligence caused or contributed to the accident. At the Allen Law Firm, we invest the time and resources needed to be successful in your case and maximize the compensation you can receive.
Contact the Allen Law Firm Today
The Allen Law Firm is committed to obtaining justice and compensation for accident victims while working to make the communities in and around Monterey, Santa Cruz and Salinas as safe as they can reasonably be. Let us help you if you’ve been injured on another’s faulty or dangerous premises. Call our experienced Monterey slip and fall injury lawyer today.
