Anaheim & California Slip & Fall Injury Attorneys
Slip and fall accidents make up a large percentage of injury cases seen by a Anaheim, California personal injury attorney. Slip and fall accidents are actually the leading cause of injuries in the United States. These accidents account for more than eight million visits to hospital emergency departments every year.
The phrase “slip and fall” describes accidents that commonly occur on property owned by another person or entity. Whether the accident happens at work, in a casino, at a friend’s house, or in a public place, a slip and fall accident can result in serious unexpected injuries.
Because most slip and fall injuries occur on another person’s property, these cases typically fall under “premises liability” law. In California, the law requires that business owners, homeowners, and landlords take reasonable steps to keep their properties safe for visitors. Safety measures may include performing routine maintenance, making necessary repairs, and staying up to date on local safety codes. Unfortunately, thousands of people are still injured every year due to property owners failing to maintain the safety of their premises.
Premises liability laws allow injured parties to legally hold property owners responsible for accidents, injuries, and/or fatalities that occur on their property.
Anaheim is one of the most popular and beloved travel destinations in the world. Pre-pandemic, millions of tourists flocked to the city every year for business or pleasure. Consequently, thousands of people also suffered slip and fall injuries each year in the heart of the city – Anaheim Blvd. Slip and fall victims’ injuries typically include:
- Cuts, scrapes, and bruises
- Sprains and torn ligaments
- Fractured or broken bones
- Arm and leg injuries
- Back injuries
- Neck and spinal injuries
- Concussions and head trauma
Many serious injuries require hospitalization and emergency surgery. In some cases, severe injuries result in paralysis or death.
Various circumstances can arise that present dangerous conditions and an increased risk of injury. Common negligent conditions reported in Anaheim include:
- Poor lighting
- Wet or slippery floors
- Uneven walking surfaces that could be caused by torn carpets or floor damage
- Improperly secured or damaged floor mats
- Narrow stairwells
- Stairways with damaged steps and hand railings
- Elevator or escalator malfunctions
- Building code violations
- Cracks or uneven rises in outdoor sidewalks
- Hidden holes or potholes
- Lack of proper signs that warn of dangerous conditions
To receive compensation for injuries, the injured party (the plaintiff) must prove fault against the other party (the defendant). Slip and fall cases can be complex, and determining fault can be challenging. Each case is different. Fault can depend on whether the property owner was negligent in maintaining a safe property and whether the injured party was careless and could have avoided the fall.
In most premises liability cases, the plaintiff must prove the cause of the accident was a “dangerous condition,” and the owner of the property was aware of the dangerous condition but failed to fix it. A dangerous condition must create an increased risk for injury to a person on the property, and the condition must be one that the injured party could not have anticipated.
To establish that a property owner was aware of a dangerous condition, the plaintiff must establish and prove the following:
- The property owner created the dangerous condition,
- The property owner knew of the dangerous condition and failed to correct the condition, and
- The dangerous condition existed for a certain length of time, giving the owner adequate time for discovery and repairs prior to the slip and fall accident and injury.
If you were injured after slipping and falling on another’s poorly maintained property, you may be able to file a personal injury claim or lawsuit seeking compensation.
Even if you are convinced the property owner is to blame for your slip and fall injury, be prepared to hear that you bear some amount of responsibility for the underlying incident. This is a common defense tactic in any state, and California is no exception. If your California slip and fall case makes it to court, the state’s “comparative negligence” rule will apply, and will determine how much compensation you can receive,. In a California personal injury case where the defendant raises the “comparative negligence” defense, if the plaintiff is found to be at fault, they may still get compensation for their injuries, as long as their share of liability does not exceed 50 percent. If the plaintiff’s liability is determined to exceed 50 percent, the plaintiff cannot recover anything from the defendant or anyone else.
Further arguments you can expect to hear from the defendant include:
The dangerous property condition should have been obvious to you or was cordoned off by cones and signage.
You were not paying sufficient attention to where you were walking (for example, walking while looking down at a phone).
You were in a part of the property where customers or visitors are not usually allowed or where customers or visitors aren’t usually expected to be.
Even if your case does not go to trial, California shared fault rules will still likely play a part. During settlement negotiations, the defense is concerned with what might happen if your slip and fall case ends up in court. Therefore, you can expect any settlement offer to reflect the opinion that the defense believes you played in causing or contributing to your injuries.
Whether in California or California, the personal injury attorneys at Razavi Law Group have represented many victims who were injured in slip and fall accidents. We understand that any injuries, minor or severe, can create unexpected pain and suffering, emotional distress, medical expenses, and loss of income. The attorneys at Razavi Law Group will aggressively represent your interests and help you obtain the compensation you deserve. Contact our office today for a free consultation.