San Luis Obispo Slip & Fall Lawyers Helping Injury Victims
Injured in a Slip and Fall?
San Luis Obispo Slip and Fall Accident Lawyers Can Help Win Restitution
The Centers for Disease Control and Prevention (CDC) estimate that over a million American suffer an injury from a slip, trip and fall every year. Over 17,000 people a year die from these types of injuries. A slip, trip and fall injury could happen on private property or in a public space. However, property owners and occupants have a duty to maintain any property under his or her control. They have to exercise reasonable care to keep the property in a safe condition. This includes removing hazards and warning tenants and/or visitors of any unsafe conditions
that exist. If they do not and you suffer an injury on the property, you might be able to file a premises liability lawsuit against them.
Proving fault in a slip and fall claim can be difficult. Even if an owner or occupant is using reasonable and diligent care in upkeeping the property, accidents might still happen. In fact, the owner or occupant might argue that the accident was your fault.
People injured from fall accidents in California can always turn to experienced San Luis Obispo slip and fall lawyers for help. James McKiernan Lawyers has been representing injury victims for over 30 years. In that time, we have handled over 20,000 personal injury claims, many of which involved slip and fall injuries. Our legal team can evaluate your case and determine liability and negligence on the part of the owner or occupant.
What Causes Slip and Fall Accidents?
Generally, negligence on behalf of the owner or possessor of a property is what leads to a slip and fall accident. For example, he or she may not properly maintain the property, which creates hazards and unsafe conditions that the property owner did not warn tenants or visitors of beforehand. Slippery surfaces, such as freshly waxed or mopped floors, tend to be a common cause of slip and falls that result in injuries. Other common hazards and unsafe conditions that cause such accidents include:
- Icy sidewalks and stairways
- Torn carpeting, uneven floors or stairs
- Holes or cracks in floors or steps
- Loose wires and cables
- Potholes and loose handrails
- Poor lighting, narrow stairs and broken or cracked sidewalks
Slips and falls are a leading cause of traumatic brain injuries (TBI). Injuries suffered from fall accidents can alter your life permanently, incapacitate you or even result in death. Such injuries might include:
- Neck, back or spinal cord injuries
- Head trauma and concussions
- Broken bones and fractures
- Heavy bruising or bleeding
Who Can Be Held Liable for a Slip and Fall Accident?
If you suffer a slip and fall accident, then you can hold the owner or possessor of the property liable if his or her negligence foreseeably created the hazards or unsafe conditions that led to the accident. These conditions must exist to prove fault in a slip and fall claim. Additionally, you and your San Luis Obispo slip and fall accident lawyers must prove that the property owner or possessor:
- Created the hazards or unsafe conditions (even if only through carelessness).
- Knew that the hazards and unsafe conditions existed, but did nothing about them.
- Was aware that the hazards and unsafe conditions existed for a long enough period of time that the owner or possessor could have discovered and corrected them before the slip and fall took place.
Please note that California is a comparative fault state. This means that it uses comparative negligence when determining a slip and fall settlement. Basically, this means that the state’s legal system takes into account that the owner or possessor of the property might only be partially at fault. You could share liability if it is determined that you did not use reasonable care while on the property and that the injury is partially your fault as well as the owner or possessor. Ultimately, this will result in a lower amount of restitution. Having San Luis Obispo slip and fall accident lawyers working with you can help see that you receive the compensation you deserve and that the responsible parties are held accountable for their negligence.
Call San Luis Obispo Slip and Fall Accident Lawyers to Get Started
The attorneys at James McKiernan Lawyers work with you to see that you recover lost wages and receive compensation for the pain and suffering you have experienced. We can help you find medical care and other resources as well as answer any questions you have about how a premises liability lawsuit works. Our firm does not charge you a single dollar until after we have won a verdict or settlement in your favor.