Slip and fall injuries are quite common and sometimes occur because of our own carelessness. Other times, however, this type of injury is the result of someone else’s negligence. When this is the case, it is important to consult with a Los Angeles slip and fall lawyer to discuss filing an injury claim and recovering damages.
A slip and fall accident lawyer in Los Angeles can help you file a claim if your injury occurred because due to someone else’s actions or inactions. Most slip and fall cases are based on a theory of premises liability. This concept holds property owners and businesses responsible for preventable accidents that occur on their premises.
In order to prove your case, you’ll need to prove not only that an unsafe condition existed, but also that the owner failed to use reasonable care to keep his premises maintained. If the owner knew, or should have known, about the issue but failed to correct it in a reasonable length of time, the property owner or business could be held responsible for your injury and damages.
For example, the owner of a business may be held liable if you fell because of a wet floor or uneven surface. Management and staff may have failed to regularly inspect the premises for unsafe conditions. Alternatively, they may have known about a leak or worn or unsecured floor cover for weeks and failed to make repairs. Either way, the owner could be held liable for your accident if you suffered an injury.
The same idea applies to apartment complexes and individual homeowners. They’re required to exercise reasonable care and maintenance to ensure the safety of their property.
Establishing Your Case
While someone else may be liable for your fall, as the person bringing a claim, you are still required to prove your case by presenting evidence. An experienced Los Angeles slip and fall accident attorney can help you establish the facts of your case by assisting you in gathering helpful and relevant evidence. Some categories of evidence that may prove to be helpful for your slip and fall claim include:
- Statements from you, the property owner, and any witnesses;
- Pictures of the unsafe conditions, area you fell, and any contributing environmental factors;
- The shoes you were wearing at the time of the fall;
- Documentation of your injuries in the form of medical records and bills, lost wages, missed time from work, and evidence pertaining to your pain levels.
You may be able to receive money to compensate you for these losses. Call 323-999-HELP for a free injury consultation.
The Statute of Limitations
Every type of case has what’s known as a statute of limitations. This refers to the amount of time you have to file a claim before your claim legally expires. In California, you usually have two years to file a claim for a slip and fall injury. If your case involves a wrongful death claim on behalf of a loved one, you have two years from the date of death to file.
Hiring An Attorney
Many slip and fall cases involve out-of-court settlements from the business or property owner’s insurance company. In some cases, however, they may not be willing to settle, or they may offer an amount that’s lower than you deserve. In that case, you may be required to file a lawsuit to pursue your case.
If you’ve suffered this type of injury, contact a Los Angeles slip and fall accident lawyer. We offer a free consultation and will advise you on the merits of legal action.