Slip and Fall Lawyers in San Luis Obispo, CA
California Slip & Fall Lawyers Helping Injury Victims
Injured in a Slip and Fall? James McKiernan 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 slip and fall lawyers for help. James McKiernan Lawyers has been representing injury victims for over 40 years. In that time, we have handled over 30,000 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.
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 California 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 California 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.
Slip & Falls FAQs
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How long do I have to report a slip and fall in California?
According to Section 335.1 of the California Code of Civil Procedure (CCP), you have exactly two years from the date of your injury to start your legal claims. You do not need to have a resolution during that time, but you need to start the process. The two-year deadline is very strict and straightforward, though there are some exceptions.
Act as quickly as possible by contacting a slip and fall lawyer at James Mckiernan Lawyers today.
- If you have a public slip and fall lawsuit, you have a six-month window to file with the government.
- The statute of limitations does not include the ‘discovery of harm’ rule. This is when you do not discover there was an injury or harm done until later. This is extremely difficult to prove.
It is important to know that inaction on your part may make it impossible for you to seek damages. Act as quickly as possible by contacting a slip and fall lawyer at James Mckiernan Lawyers today.
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Why should I contact a slip and fall lawyer?
You should contact a slip-and-fall lawyer because these cases are notoriously hard to prove and fight for in court. Most often, insurance companies will try to force you to settle for a lesser amount than they know you deserve just to get you to go away.
A slip-and-fall lawyer knows all of the angles to take and places to look to get you the compensation that you deserve. We will take on a majority of the work so that you can focus on healing.
Do not contact an insurance company. Instead, contact our lawyers today to get the defense that you deserve for your case.
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How do you prove negligence in a slip and fall?
Proving negligence in a slip and fall case requires looking at what the property owner has done to maintain their premises to a reasonable standard. They have a certain amount of time to remedy any dangers in a timely manner.
Call us today to discuss your case: (805) 222-7654">(805) 222-7654
It can be quite challenging to prove negligence in a slip-and-fall case. A good slip-and-fall lawyer will need to prove that:
- The property owner should have known that there was a dangerous or hazardous situation;
- When the owner did learn of the situation, they did not fix it;
- The owner caused the dangerous condition and did not prevent it;
There are many other factors that matter in this situation, including timing. There may be certain situations - like a rainstorm - that can lead to a dangerous situation.
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What evidence will my lawyer gather?
The first thing you need to do is call a California slip and fall attorney as soon as possible.
Your lawyer will investigate and gather the following evidence:
- Your medical records and bills
- Receipts of any out-of-pocket costs
- Accident reports and witness statements
- Security
- Photographs of the hazardous situation
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What compensatory damages can I get for a slip and fall injury?
According to the NSC (National Safety Council), slips and falls lead to more intentional deaths than many other types of accidents.
Contact us today to talk to one of the most experienced California slip and fall lawyers at James Mckiernan Lawyers.
If you have suffered injuries due to a slip-and-fall accident, or someone you love has died after a slip-and-fall accident, you are eligible for economic and non-economic damages as long as you can prove that the accident was caused by a negligent property owner, a business, or a government-owned entity.
- Medical bills (past & future)
- Lost income (past & future)
- Miscellaneous costs related to your injuries
- Pain and suffering
- Disability
- Loss of life enjoyment
All of the above compensation is dependent on your claim, your lawyer, and how everything is handled.
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