In California, a slip and fall claim refers to a personal injury lawsuit in which the plaintiff seeks to hold a property or business owner liable for failing to keep the premises safe for visitors. Not all slip and fall events result in premises liability and personal injury claims. When they do, however, you have the right to compensation.
With extensive experience in personal injury law, we at Fassonaki Law Firm P.C. are dedicated to securing justice and compensation for our clients who have been injured by slip and fall accidents in Los Angeles. We provide sympathetic, individualized service at all stages of the legal process.
Contact us at 323-524-8994 with our slip and fall lawyer for a free consultation.
Slip, Trip, and Fall Injuries: Why Property Safety Matters in Los Angeles
Slip and fall accidents can cause serious injuries, including fractured bones and paralysis. Our attorneys at Fassonaki Law Firm P.C. have successfully held negligent property owners, businesses, and municipalities liable in Los Angeles and throughout California.
Slip-and-fall or trip-and-fall accidents can result in serious injuries such as broken hips, shattered wrists, arms, and legs, back injuries, and brain traumas. Our personal injury lawyer, has extensive expertise filing and prevailing in slip and fall lawsuits. Our mission is to seek full and equitable compensation for our clients’ pain, damages, and other losses. Here are the answers to frequently asked questions about slip and fall accidents.
Did You Know: Falls are the leading cause of traumatic brain injuries (TBI) according to the CDC, and if caused by unsafe property conditions, you may be eligible for compensation through a personal injury claim.
What is a slip and fall injury lawsuit?
A slip and fall lawsuit is a legal action filed against a property owner to seek compensation for injuries sustained as a result of slipping, tripping, and falling on the property owing to an unsafe and dangerous condition. Slip and fall lawsuits are part of a larger group of cases called premises liability lawsuits.
I- Are Slip and Fall Accident Lawsuits Permissible Under California Law?
Yes. California law requires all property owners and managers to keep their properties safe for residents, visitors, and customers, as well as advise of any potential risks. According to the California Civil Code, Code § 1714(a), individuals are responsible not only for their actions, but also for any harm caused to others due to a lack of care or skill in managing their property or person, unless the injury was caused by the individual’s own willful or negligent behavior.
II. Can a Slip and Fall Lawsuit be Filed Against a City, County, or Other Public Agency?
Yes. Cities, counties, and other agencies must keep public buildings, playgrounds and parks, and highways and roadways, as well as trees, bushes, and landscaping, safe. Public agencies may include mass transit, public colleges and universities, public schools, water and sanitation districts, fire and police departments, public hospitals, and state agencies. If the governmental entity fails to keep its premises free of hazards and a major accident occurs, the entity may be found liable (at fault or legally responsible) and ordered to pay damages.
Two essential points about slip and fall cases against the government:
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In California, the statute of limitations (the deadline for filing a lawsuit against a governmental entity) is extremely short. If you are harmed on public property, please inform us immediately. You must file a claim within six months of the injury, or you will lose your right to seek damages.
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Many, but not all, California towns and counties have rules requiring property owners close to sidewalks to keep them in safe condition. If the next landowner is a public entity, it is their responsibility to ensure its safety.
How to Prove a Property Owner Is Liable for a Slip and Fall Injury in Los Angeles?
Regardless of how bad the injury, simply falling and injuring oneself on another’s property is inadequate to seek damages from the property owner. The burden of proof is on the wounded individual to demonstrate the following:
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The defendant owned, occupied, or controlled the property where the plaintiff (the person who filed the complaint) was hurt.
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The defendant was negligent in the use and maintenance of the property.
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The defendant’s negligence played an important role in creating the plaintiff’s injuries.
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A property owner’s negligence occurs when he or she fails to exercise due care under the circumstances, resulting in a foreseeable injury to a person on his or her property.
Slip-and-fall accidents are common in supermarkets and convenience stores. Customers often spill milk, soda, wine, and other liquids on the aisles. If another customer quickly falls on the wet floor as a result of a spill, there is usually no basis for filing a premises liability action against the supermarket because the manager was most likely unaware of the dangerous condition or had no opportunity to fix it.
On the other hand, if a store employee became aware of the hazard and did not quickly clean it up or issue a warning until someone could come and clean it, the employee did not act reasonably given the circumstances. Occasionally, a plaintiff might establish negligence by demonstrating that the property owner violated a statute, such as the state construction code. These laws specify when and where handrails and other similar elements should be built.
Can I File a Claim in California If I Was Partly to Blame for My Slip and Fall Injury?
Yes, in California, you can be partially at fault for your accident injuries while still filing a claim. This is because California is a state that applies comparative negligence. A court or attorneys for both parties will calculate your proportion of fault for your injuries and deduct it from your final settlement or verdict amount.
For example, if a jury finds you 25% at fault for your slip and fall injury and awards you $500,000 in damages, you are entitled to $375,000 ($500,000 – 25%, or $125,000 = $375,000).
In contrast to other jurisdictions, you can make a claim in California even if you are more than 50% to blame for your slip and fall injuries.
What is the average slip and fall settlement in California?
Unfortunately, we cannot provide a specific settlement figure for a slip-and-fall injury. The settlement amount might vary depending on a number of circumstances, including the severity of the injuries sustained and the level of negligence by the property owner. However, the average slip and fall settlement in California can range from $30,000 to $60,000.
While every slip and fall case is unique, you can estimate the typical settlement amount based on the severity of the injuries.
i- Severity of the Injury & Average Settlement Amount:
|
Injury Severity |
Average Settlement Amount |
|
Low |
$30,000 |
|
Moderate |
$120,000 |
|
Severe |
$150,000+ |
ii- Notable Slip and Fall Settlements in California
While the specific settlement amount varies, there have been a few slip and fall cases in California that resulted in significant settlement money.
A woman fell and sustained a severe spinal cord injury because a supermarket store failed to install a damp floor sign. She won a $15 million compensation after the event to cover medical costs and lost income due to her inability to work.
A hotel visitor suffered a head injury after slipping near a pool with poor drainage. The incident caused irreversible brain damage, and the client got a $12.3 million payout for his injuries.
What Types of Dangerous Property Conditions Are Bringing a Slip and Fall Lawsuit?
At Fassonaki Law Firm P.C., our slip and fall attorneys have handled numerous cases involving hazardous property conditions that cause serious injuries. Common causes of slip and fall accidents include:
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Uneven, broken, or cracked sidewalks, pavements, or cobblestones
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Slippery or wet sidewalks and parking lots
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Unmarked potholes or open grates
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Steep or sloping driveways
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Poor or inadequate lighting
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Blocked or cluttered store aisles
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Slippery floors from rainwater, ice, oil, grease, or spilled liquids
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Fruits, vegetables, and other dropped items in supermarkets
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Uneven or narrow stairs and missing handrails
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Unsafe balconies or railings
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Torn carpeting or abrupt changes in flooring
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Hidden curbs, barriers, or potholes
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Exposed tree roots, cords, or wires
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Low-hanging wires or cords
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Construction hazards on roads, bridges, or sidewalks, including fallen debris
Property owners have a legal duty to maintain safe premises. When they neglect this responsibility, they can be held liable for resulting injuries under California premises liability law.
What Damages Can Be Obtained in a Slip and Fall Liability Lawsuit in Los Angeles?
Victims of a slip and fall accident may recover damages for:
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Past and future medical expenses, hospital and rehabilitation costs
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Pain and suffering, emotional distress, and physical impairment
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Lost wages and reduced earning capacity
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Punitive damages in cases of reckless or intentional conduct
Even if you are partly at fault, California’s comparative negligence law allows you to recover a portion of your damages based on the other party’s percentage of fault.
If a slip and fall results in death, surviving family members may pursue a wrongful death lawsuit to recover for loss of love, companionship, and financial support, as well as funeral and burial expenses.
What Should I Do If I Have Been Injured on Another’s Property?
If you have been injured due to unsafe property conditions, the following steps can help protect your claim:
1. Gather Evidence of the Hazard
Photograph the condition that caused your fall, showing dimensions, lighting, and visibility. Include a ruler or other object for scale.
2. Preserve Your Shoes and Clothing
Keep the shoes you were wearing at the time of the fall. They may contain key evidence such as residue from the surface that contributed to your accident.
3. Request Video Surveillance
Ask the property owner to preserve any security footage capturing the incident or the dangerous condition.
4. Document Your Injuries
Take pictures of your injuries and seek immediate medical care. Even minor symptoms should be evaluated and documented by a healthcare professional.
5. Be Aware of Deadlines
Most personal injury claims in California must be filed within two years of the incident, but claims against public entities must be filed within six months.
6. Avoid Speaking Directly With Insurance Adjusters
Insurance companies aim to limit payouts. Do not make recorded statements or sign documents before consulting an attorney. Some insurance policies offer medical payments coverage. Which can help cover initial medical costs without requiring you to waive your right to future claims.
Why Should I Have a Slip and Fall Injury Lawyer at Fassonaki Law Firm P.C. Represent Me?
Mediation in personal injury cases becomes crucial the moment you need someone to protect your rights and handle the complexities of a slip and fall claim. At Fassonaki Law Firm P.C., our lawyer investigates every aspect of your accident, gathers evidence, and negotiates firmly with insurance companies to secure maximum compensation.
We are known for taking on challenging cases and delivering favorable outcomes both in settlement negotiations and at trial.
Clients choose Fassonaki Law Firm P.C. because we offer:
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Individualized attention from highly experienced personal injury attorneys
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Extensive investigative and financial resources
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Access to accident reconstruction, biomechanical, and medical experts
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Proven trial experience that often leads to higher settlement offers
Our founder, Alan Fassonaki, leads the firm with a results-driven approach focused on accountability, professionalism, and compassion for injured victims. We handle cases on a contingency fee basis, meaning you pay no attorney fees unless we win.
Contact a Slip and Fall Lawyer at Fassonaki Law Firm P.C. today.
If you’ve suffered injuries from a slip and fall accident on another’s property, contact Fassonaki Law Firm P.C. for a free, no-obligation consultation. Our attorneys will review your case, explain your options, and help you take the right steps toward full and fair compensation.
Call us at 323-524-8994 or fill out our online contact form today. We proudly represent clients throughout Los Angeles, Calabasas, Agoura Hills, Thousand Oaks, Simi Valley, Woodland Hills, West Hills, and the San Fernando Valley and across California.