video calls availableFree Consultation
Request Free Consultation
consultation with attorney Timothy T. Morgan

A Guide to Slip and Fall Claims in Southern California

Request Free Consultation
Posted on September 2, 2023

A sudden unexpected fall is a traumatic experience. You may sustain painful injuries and temporary or even permanent disability. When the fall occurs in a public place, embarrassment is a troubling addition to an already painful situation. Despite the feelings of embarrassment most fall victims cite as one of their first emotions after a traumatic slip and fall, in many cases, the fall is not the fault of the person who slipped and didn’t happen due to clumsiness or age. Most falls that occur in commercial businesses and public places happen because of an act of negligence on the part of a property owner or business manager. Even personal property owners may be at fault for a slip-and-fall accident if they were aware of a hazard on their property and failed to promptly address or repair the problem, resulting in your injury.

If you fell due to someone else’s negligence and experienced a significant injury, it could have damaging impacts on your life. You shouldn’t be left holding the bag for the damages. Instead, a personal injury attorney can represent your best interests throughout a slip-and-fall claim for your damages.

Premises Liability in California Slip and Fall Claims

Property owners in California must ensure that their property is free from obvious dangers, including fall hazards. Common causes of slip and fall accidents in California include:

  • Uneven ground surfaces in parking lots or walkways
  • Slippery floors due to leaks, mopping, spills, or incorrect cleaning product residue
  • Loose carpeting
  • Uneven or broken flooring
  • Dangling cords or wires
  • Unmarked floor-level changes
  • Loose stair rails or uneven stair risers
  • Icy ground surfaces
  • Inadequate lighting
  • Debris or clutter on the floor
  • Loose balcony railings

No matter what caused you to slip, trip, and fall if the hazard was on someone else’s property, they had a duty to take reasonable measures to prevent you and others from falling. Proving liability on the part of the property owner requires proving that the owner or manager of the property was aware of the hazard, that they failed to promptly address the hazard with warning signs, and then repair the problem. This is a breach of their duty of reasonable care, and their negligent breach of duty directly caused your injury. A successful slip and fall claim in California also requires showing that you suffered significant damages from the injury. Damages in slip and fall cases are both economic and non-economic damages.

Injuries in California Slip and Fall Claims: How an Attorney Can Help

A fall can cause serious injuries including:

  • Back and neck injuries
  • Head injuries and traumatic brain injuries
  • Fractures of limbs, hips, ribs, or pelvis
  • Facial injuries and broken teeth
  • Spinal cord damage
  • Soft tissue damage such as sprains and torn ligaments
  • Knee injuries
  • Cuts and bruises

Even relatively minor injuries can require expensive medical care and days of missed work. More serious slip and fall injuries can result in life-altering impacts with expensive medical bills and a diminished earning capacity due to disability. A San Diego personal injury attorney will investigate your claim, prove liability, and carefully calculate your damages before sending a demand letter to the appropriate insurance company to negotiate a settlement.

Compensation Available in Slip and Fall Claims in California

With a successful slip-and-fall injury claim, you could recover compensation for damages including:

  • Medical expenses and future medical care needed for your injury
  • Past and future lost wages
  • Lowered earning capacity due to disability
  • Pain and suffering
  • Other appropriate non-economic damages such as disfigurement, depression, anxiety, or PTSD related to the fall

While it’s true that you can attempt to file a claim against the at-fault party’s insurance company without an attorney, a skilled San Diego personal injury attorney can deftly navigate this complex area of tort law and craft the most compelling case for recovering your financial losses plus compensation for your pain. 

Instead of trying to go it alone against insurance companies that take advantage of vulnerable injury victims to protect their profits, an attorney with knowledge and experience can streamline the process and protect your rights to maximize your claim so you can focus on maximizing your physical recovery.