There are about 800,000 cases of slip-and-falls every year. In these instances, most are caused by someone else’s wrongdoing, in that they failed to maintain their walking space to ensure visitors are safe. If you are injured in a slip-and-fall injury where someone else is liable, you may be able to recover compensation.
For the best chances of receiving compensation for your damages, you’ll want to contact a Sacramento slip-and-fall lawyer. An experienced lawyer will help you get the compensation you deserve while you focus on recovering after your accident.
Slip-and-fall accident may not seem like a severe accident but they have the potiental to cause serious injury. A slip or trip can result in severe damage to the knees including, fractures and even torn ligaments and muscles. Several situations may lead to slip-and-fall accidents. These incidents usually occur on another person’s property. Below are some examples.
Under California laws, people who own, lease, control, or occupy a property are liable for slip-and-falls on their premises. These laws can become complex when it comes to property lines, occupants versus owners, and duration of the slip hazard being present. It is best to contact a lawyer to determine which avenue to pursue in your specific situation.
Public walkways can also pose many hazards when they’re poorly maintained, and the liability for this falls on local government. You should know that the statute of limitations, or the duration within which you are allowed to file, for government-related accidents is much shorter than typical slip-and-fall accidents, so you’ll want to discuss your case with a Sacramento slip-and-fall lawyer as soon as possible.
Slip-and-fall cases follow a similar process to other personal injury cases. Therefore, you must prove the following four factors while filing your case:
Here’s a closer look at these aspects:
In a slip-and-fall accident, you must show that a particular person owed a duty of care. Duty of care refers to the legal obligation to maintain the safety of others. In slip-and-fall accidents, property owners, lease owners, and property lessees have a duty of care to everyone entering their premises. It may also include local municipalities, restaurant owners, and specific authority figures, depending on the nature of the accident.
Breach of duty of care in slip-and-fall injuries occurs whenever the person, business, or entity that owes you that duty of care fails to uphold it, typically through negligence. When a business doesn’t clean up a spill in a reasonable amount of time, for instance, that is a breach of their duty of care to their patrons.
Sudden falls can result in various traumatic injuries, such as:
The breach of duty must have directly caused your injury.
You are entitled to recover compensatory damages for the expenses that resulted from the injuries sustained from your slip-and-fall accident. Compensatory damages refer to all financial losses associated with a personal injury claim. Below are some of the recoverable damages from a slip-and-fall accident:
Victims are sometimes entitled to punitive damages in a slip-and-fall lawsuit. Punitive damages are special compensation awarded to a plaintiff if they can show clear and convincing evidence that the injuries resulted from malicious activities. It’s meant to punish the person at fault rather than compensate the plaintiff. Punitive damages aren’t offered often, but you can ask your lawyer if they may be available in your specific case.
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.
Several factors can help you get fair compensation for the injuries sustained in a slip-and-fall accident, and it’s recommended to partner with a Sacramento slip-and-fall attorney for the best chances of receiving your due compensation. An attorney will help you gather enough evidence for the claim and negotiate your settlement to help ensure you get what you deserve.
The possibility of a fair settlement depends on the law firm you choose. At Kash Legal, we dedicate our experience and resources to ensuring that your rights are upheld and give the right legal advice to maximize your settlement. To schedule a free consultation, call us at (888) 527-4128 or fill out our contact form.
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