The National Safety Council (NSC) reports that more than 8.5 million people are injured from falls, and another 35,000 die from fall-related injuries annually in the United States. When it comes to preventable injuries, falls cause 22 percent of deaths, behind poisoning and motor vehicle accidents. They also cause 32 percent of injuries.
There are many steps property owners and caretakers can take to decrease the risk of falls on their premises or prevent them altogether. However, they often fail to do so, putting innocent victims in hazardous situations. A knowledgeable Los Angeles slip and fall accident lawyer could help you if you suffered an injury in a slip and fall on another party’s property.
Several different situations can lead to a slip and fall accident, depending on where the accident occurs. All property owners, whether they are landlords, business owners, or leasing a property, need to be aware of the following and take reasonable actions to fix or correct them as soon as possible:
If you think your slip and fall injuries resulted from the negligence exhibited by the property owner or caretaker, you could have a valid legal claim for compensation. To find out, you will want to reach out to a qualified Los Angeles slip and fall accident attorney as soon as possible after your accident.
When injuries are caused by a hazard on someone else’s property, the situation falls under “premises liability” laws. Property owners have a duty of care, or a legal obligation, to maintain their properties so that they are free of any hazards that could harm those who are legally on the premises. If there is a hazard, the property owner or someone acting on their behalf must remedy the hazard, do something to keep people away from the hazard, such as roping off the area or warn people of the danger. However, a property owner is not automatically liable for every energy that happens on their property.
Their liability will depend on reasonableness and foreseeability. Reasonable actions are defined as normal and appropriate actions for other property owners to take in similar situations. For example, if a customer spills shampoo on the floor, they should clean it up as soon as possible. It shouldn’t be ignored. However, it’s unreasonable to think that every business owner needs to follow their customers around with a mop to ensure that no one spills something, causing others to fall.
Foreseeable means the property owner or caretaker should have known that a hazardous condition existed that could cause injuries to someone on the property. There’s a connection between reasonableness and foreseeability. If a property owner is able to foresee something on the property that might cause an injury, they need to take reasonable actions to remove or fix the problem.
If an employee or store owner walked past an aisle and noticed that there was shampoo on the floor but didn’t do anything to correct the problem, they are negligent. If someone were to slip and fall in it, an experienced Los Angeles slip and fall accident attorney could help them recover their damages.
Whether you represent yourself or hire a seasoned Los Angeles slip and fall accident lawyer to help you, you will need to prove that several factors exist in your claim. Injured lay people typically hire an attorney to help them because these elements can be tricky to prove. They include:
Each of these points must be substantiated by evidence. Even if your case settles before reaching the trail state, the knowledge of the evidence can help in your settlement negotiations. Evidence your Los Angeles slip and fall accident attorney might use to establish liability in your case includes:
One benefit of hiring a Los Angeles slip and fall accident lawyer is that you don’t have to speak to the insurance company or the insurance adjuster yourself. Once you have legal representation, the insurance adjuster will have to go through your attorney to speak to you.
Insurance adjusters will try to reduce your claim by looking for reasons to deny your claim, such as:
It is best to avoid speaking with them at all so that you don’t say something that could cause them to deny or devalue your claim. Let your skilled Los Angeles slip and fall accident lawyer speak to them instead.
Jonathan M. Kashani is the founder of Kash Legal Group, specializing in personal injury law with a commitment to providing personalized client services and high-quality legal representation. He holds a Juris Doctorate with honors from the University of West Los Angeles School of Law and is admitted to practice in all state courts of California and the United States District Court for the Central District of California.
It’s always better to consult with a Los Angeles slip and fall accident lawyer and find out you don’t need one than not to consult one and not get the legal help you need for a valid injury claim. Avoid potentially walking away from the money you deserve from your slip and fall claim by calling our firm today and scheduling a case consultation. One of our reputable L.A slip and fall attorneys will sit down with you and give your case the individualized attention it deserves. They will review the specifics of what led to your accident and what has happened since. They can provide you with a slip and fall legal game plan and let you know how much your injury case might be worth. Don’t hesitate to get in touch with our personal injury lawyers today.
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