What is considered a Slip and Fall Injury?

If you have suffered from a slip and fall injury in Irvine, CA, there are several factors to take into consideration. Specifically, if the injury was caused by the property owner’s negligence or their negligence contributed to your injury, you can receive compensation for your damages and costs.

Slip And Fall Accident

What are some common causes of Slip and Fall in Irvine, CA?

Slips and falls are more common than what most people think. Specifically, over 800,000 people in California are hospitalized for slip and fall each year. Some common causes of slip and fall that shows the property owner’s negligence includes, but is not limited to

  • Wet or slippery floors: Floors can be problematic to walk over if there are leaks or spills that puts the individual in danger.
  • Uneven or damaged floors: Floors that are damaged that is not fixed in a timely manner can be dangerous to individuals taking that route.
  • Obstruction of path: Common obstacles include loose cables or broken furniture that an individual can trip and fall.
  • Lack of warnings: Many construction sites are roped off for this reason and the same can be said for “wet floor” signs. When there are known hazards present, there should be warning signs expressing that an individual may encounter.

What are some important dates and timeline for a Slip and Fall lawsuit in Irvine, CA?

In California, the statue of limitations details until when the lawsuit can be filled. For instance, under California Code of Civil Procedure section 335.1, there is a two year deadline for compensation for injury or death due to wrongful neglect of common slip and fall causes. If you are seeking compensation for damage to property, there is a three year deadline for repair and replacement under California Code of Civil Procedure section 338.

There are some expectations if the lawsuit is filed against the government. Specifically, an administrative claim is filed within six months of the injury. The government will then have 45 days to approve or deny the claim. If denied, a lawsuit can be filed within six months of the denial of claim. If the government does not approve or deny the claim (i.e., does not respond to the claim at all), a lawsuit can be filed within the standard two years under statue of limitations.

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What basic requirements should be met for a Slip and Fall lawsuit in Irvine, CA?

There are four main criteria that must be met to recover damages from slip and fall injury

  • The defendant was in control of the property where the injury took place
  • The defendant was negligent based on the lack of maintenance or misuse of their property
  • The plaintiff was injured on the property
  • The defendant’s negligence was the cause of the plaintiff’s injury

With these four criteria met, you can seek compensation for your injuries or the repair value/replacement of property damages. One of the important parts to take into account is what counts as negligence. The defendant can be negligent in multiple ways. The defendant can be considered liable for injury if their property posed unreasonable risk of harm. Furthermore, the defendant is liable if they knew or should have known that a hazard was present. Finally, they can be liable for injury by failing to repair, barricade, or warn the hazards that lead to the slip and fall injury.

What damages are covered under slip and fall in Irvine, CA?

Common damages that you may have suffered from includes, but are not limited to

  • Medical bills: Medical treatment can be expensive and often times are not one-time treatments. As a result, compensation can include both past and future medical treatment. Medical treatments also can mean rehabilitation, equipment, and medication.
  • Emotional distress: There can be emotional and psychological pain/suffering due to the injury. Compensation can include these damages for the pain and suffering that was experienced from the injury and post-injury.
  • Loss of wages or earnings: injuries can prevent an individual from working, thus losing their main sources of income or wage.

There can also be exemplary damages that can be covered if the defendant’s negligence led to a severe injury or even death. Additionally, if the defendant intentionally hides or discard evidence of their liability, exemplary damages, also referred to as punitive damages, for a slip and fall might be recoverable.

Evidence that can be used to prove defendant’s liability

A key aspect of a slip and fall case in California is showing clear evidence of defendant’s liability. Evidence that can be helpful for the case can include video footage of where the injury took place, witness testimony that indicates the defendant’s liability, expert testimony on accident reconstruction, and medical treatment notes for the injury.

However, the defendant will try to prove that you had some liability. Some claims can include

  • Plaintiff was not supposed to or expected to be on the property where the accident took place.
  • Plaintiff did not do their due diligence to avoid injury. This could mean that the plaintiff did not pay attention to their path or was preoccupied/distracted.
  • The plaintiff neglected warnings or barriers that indicated a hazard or hazardous area.
  • Clothing and shoes were inappropriate/unsafe on the property
  • The danger was obvious
  • Injury was on purpose or due to alternate causes (i.e., drug or alcohol use)

California follows “pure comparative negligence,” meaning that the plaintiff can file for compensation for damages that they were not liable for. Under the pure comparative negligence rule, the court will be able to determine how much compensation you are entitled to based on your own percentage of fault. The court reduces plaintiff’s recovery based on his/her own percentage fault.

What should I do if I have suffered from Slip and Fall injury in Irvine, CA?

If you are in need of medical assistance, seek immediate medical attention. If you are able to collect any evidence at the scene of the injury, take as many photos/videos and physical evidence that can show the property owner’s negligence. You can also collect contact information of any potential witnesses.

Be sure to report the incident to the property owner so that they can file an incident report. You can also request security footage that captured the incident and the surrounding areas.

We highly recommend that you contact Alipour Law Group for expert legal assistance at https://asl.law/ before signing documents or making any statements. Our lawyers are ready to assist you with slip and fall injuries in Irvine.

How Can We Help?

While seeking immediate medical attention should be your first priority, it is essential that you seek legal advise too. If you have suffered Slip and Fall injuries it should not be your responsibility to pay for your medical costs. We understand the extent of pressure that our clients experience after a Slip and Fall injury. Our experienced Irvine personal injury attorneys can help you recover your past and future medical costs, lost earning from your job, emotional distress, pain and suffering, and in some cases punitive damages to punish the responsible person, while you focus on recovering your health.

CONTACT US TODAY FOR A FREE CASE EVALUATION.

Relevant resources

California Statue of Limitations

Frequently Asked Questions for Our Slip and Fall Accidents Attorneys in Irvine, CA

How do I determine if I have a valid slip and fall claim?

To have a valid claim, it’s essential to establish negligence. If the property owner or occupier failed to maintain a safe environment, knew about the hazardous conditions, or should have known about them, you may have grounds for a claim.

Is there a time limit for filing a slip and fall lawsuit in California?

Yes, California has a statute of limitations for personal injury cases, including slip and fall accidents. Generally, you have two years from the date of the incident to file a lawsuit. It’s crucial to act promptly to preserve your legal rights.

Can I still pursue a slip and fall claim if I was partially at fault?

California follows a comparative negligence system, meaning you can still pursue a claim even if you share some responsibility for the accident. However, your compensation may be reduced based on your percentage of fault.

How long does it take to resolve a slip and fall case?

The timeline varies, as each case is unique. Some cases settle quickly through negotiations, while others may require litigation and take more time. Factors such as the extent of injuries, liability, and cooperation from involved parties influence the duration.

Do I need a lawyer for my slip and fall case?

While it’s possible to handle a case on your own, having an experienced slip and fall attorney can significantly improve your chances of a successful outcome. An attorney can navigate legal complexities, negotiate with insurance companies, and advocate for your rights.

What if the slip and fall occurred at a friend’s or family member’s property?

Even if the accident happened on a friend’s or family member’s property, you may still have a valid claim. In such cases, your claim typically targets the property owner’s insurance rather than directly affecting your relationship with the friend or family member.

Can I file a slip and fall claim against a government entity?

Yes, it’s possible to file a claim against a government entity for slip and fall accidents on public property. However, the process involves specific rules and shorter timelines. Consulting with an attorney experienced in handling claims against government entities is crucial in such cases.

What if the property owner argues that the hazard was obvious?

Property owners may argue that the hazard was open and obvious, diminishing their liability. However, this doesn’t absolve them of responsibility entirely. Factors such as the property owner’s duty to warn or fix the issue promptly still play a role. Consult with an attorney to assess the strength of your case.

What steps can I take to prevent a slip and fall accident?

To reduce the risk of slip and fall accidents, be aware of your surroundings, wear appropriate footwear, and promptly report any hazardous conditions to property owners or managers. Being proactive in preventing accidents contributes to your safety and the safety of others.

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