Orange County SLIP & FALL ATTORNEYS

A slip and fall accident is a type of personal injury incident that occurs when an individual slips, trips, or loses their balance due to a hazardous or dangerous condition on someone else’s property, leading to a fall and subsequent injuries. These accidents can happen in various settings, such as retail stores, supermarkets, restaurants, office buildings, public sidewalks, parking lots, and private residences.

One of the most common workplace accidents is a slip, trip or fall. These type of accidents can happen anywhere, at any time and to anyone. Slips, trips and falls are also one of the most easily preventable workplace accidents.

There are many different causes of slips, trips and falls but some of the most common include:

• Poor lighting
• Wet or uneven floor surfaces
• Loose carpet or rugs
• Clutter or obstacles in walkways
• Uneven stairs or steps
• Icy or Snowy Surfaces
• Inadequate Warning Signs
• Hazardous Construction Zones
• Escalator and Elevator Accidents
• Potholes and Cracks in Parking Lots
• Slippery or Icy Steps
• Improperly Designed or Maintained Ramps

A slip or fall could happen anywhere at any time. Some types of cases our knowledgeable attorneys at Razavi Law Group encounter are:

• Outdoor slip and fall injuries;
• Slip and falls in supermarkets or other indoor places;
• Slip and falls on elevators or escalators;
• Slip and falls in apartment complexes.

Because each slip and fall accident is unique, our experienced lawyers give personalized attention to your accident to obtain the compensation you deserve. There is not a one-size-fits-all strategy for these cases, so you must hire an attorney that will thoroughly investigate the details of your case to ensure all parties involved are held accountable.

• Fractures: Broken bones, such as fractures in the wrists, arms, ankles, hips, or shoulders, are common injuries resulting from slip and fall accidents.
• Sprains and Strains: Twisting or sudden movements during a fall can lead to sprains (ligament injuries) and strains (muscle injuries) in various parts of the body, such as the wrists, knees, or back.
• Head Injuries: Slip and falls can cause head injuries, including concussions or traumatic brain injuries (TBIs), especially if the head makes contact with a hard surface during the fall.
• Contusions and Bruises: The impact of the fall can result in contusions (deep bruises) on the body, often appearing on the knees, elbows, or other areas that hit the ground.
• Cuts and Abrasions: Falls can cause cuts and abrasions when the skin makes contact with rough or sharp surfaces, leading to open wounds that may require medical attention.
• Spinal Cord Injuries: In severe cases, slip and fall accidents can cause damage to the spinal cord, leading to partial or complete paralysis and significant long-term consequences.
• Dislocations: Sudden jolts during a fall can cause joint dislocations, most commonly in the shoulders or hips.
• Soft Tissue Injuries: Slip and falls may result in soft tissue injuries, such as torn ligaments or tendons, which can cause pain and limited mobility.
• Hip Injuries: Elderly individuals are particularly vulnerable to hip injuries in slip and fall accidents, which can lead to serious complications and require surgery.
• Emotional Trauma: Beyond physical injuries, slip and falls can also result in emotional trauma, including anxiety, fear of falling again, and post-traumatic stress disorder (PTSD).

To have a valid slip and fall claim in California, you must demonstrate that the property owner or manager was negligent in maintaining the premises, leading to the hazardous condition that caused your accident. Additionally, you must prove that your injuries were a direct result of the property owner’s negligence. Consulting with an experienced attorney from Razavi Law Group can help evaluate the merits of your claim and guide you through the legal process.

You must take the necessary steps after a slip and fall accident to ensure that the involved parties are held accountable. They may try refuting their responsibility in the accident. Measures for strengthening your claim may include:

• Writing down, to the best of your ability, the sequence of events that led to your accident, including details about where your fall occurred—whether the ground was wet, the lighting conditions, etc.;
• Taking time-stamped photos of the accident scene before the property owner has a chance to fix the hazard that caused your fall;
• Reporting the incident to the property owner or manager, and asking for a copy of the incident report;
• Recording the contact information of witnesses;
• Seeking medical attention; and
• Contacting a reputable slip and fall lawyer in California to discuss how to proceed with your claim.

Proving negligence in a slip and fall case involves demonstrating that the property owner or another responsible party had a duty of care, breached that duty, and as a result, caused the slip and fall accident. To establish negligence, the following elements need to be shown:

1. Duty of Care: The first step in proving negligence is establishing that the defendant (property owner, business operator, etc.) owed the plaintiff (injured party) a duty of care. In slip and fall cases, this duty of care means the responsible party had an obligation to maintain their premises in a reasonably safe condition for visitors and guests.

2. Breach of Duty: The plaintiff must show that the defendant breached their duty of care by failing to uphold reasonable safety standards. This can include a failure to address hazardous conditions, such as wet floors, uneven surfaces, torn carpets, or inadequate lighting, which led to the slip and fall accident.

3. Actual and Proximate Cause: The plaintiff needs to establish a direct link between the defendant’s breach of duty and the slip and fall accident. This means proving that the hazardous condition directly caused the accident and subsequent injuries. Additionally, the plaintiff must show that the accident was a reasonably foreseeable consequence of the defendant’s negligence.

4. Notice: In some slip and fall cases, the plaintiff must demonstrate that the defendant had actual or constructive notice of the dangerous condition. Actual notice means the defendant knew about the hazard, while constructive notice means they should have known about it through reasonable inspection and maintenance procedures.

5. Comparative Negligence: In some states, including California, comparative negligence rules apply. This means that if the plaintiff’s actions also contributed to the slip and fall accident, their compensation may be reduced in proportion to their level of fault. However, the plaintiff can still recover damages as long as they are not found to be more than 50% at fault.

To build a strong case for proving negligence in a slip and fall accident, gathering evidence is crucial. This evidence can include:

• Photographs or videos of the hazardous condition that caused the slip and fall.
• Eyewitness testimonies from individuals who saw the accident happen or were aware of the hazardous condition.
• Incident reports or documentation from the property owner or manager regarding previous complaints about the hazardous condition.
• Expert analysis of the scene, if needed, to establish the defendant’s breach of duty.

You may have a claim against the city if you were injured after tripping on a sidewalk, street, or other public property. To win your case, you will need to show that the city was aware of the dangerous condition and failed to fix it within a reasonable time. You will also need to show that your injuries were caused by the dangerous condition.

As each slip and fall case is different, the damages one may be compensated for vary depending on the accident’s details. Some of the damages our experienced lawyers at Razavi Law Group would seek for your case would be:

Economic Damages: these include past and future medical expenses, lost income, and any other expense that you have, or will incur, due to your injuries.

Non-economic Damages: these include pain and suffering, life long disability, and/or disfigurement.

Our goal at Razavi Law Group is to calculate all of your damages to ensure your claim receives the highest compensation possible, as a slip and fall accident can result in life-long injuries.

The value of a slip and fall case can vary widely depending on several factors, including the extent of the injuries, the impact on the victim’s life, the degree of negligence on the part of the defendant, and the available evidence to support the claim. It’s essential to note that each slip and fall case is unique, and there is no one-size-fits-all answer to determine its exact worth. However, some key factors that can influence the value of a slip-and-fall case include:

• Severity of Injuries
• Medical Expenses
• Lost Wages
• Pain and Suffering
• Long-Term Impact

In California, the statute of limitations for filing a personal injury lawsuit stemming from a slip and fall accident is two years from the date of the accident. This means that if you were injured in a slip and fall accident on January 1, 2021, you would have until January 1, 2023. to file a lawsuit. If you don’t file your lawsuit within this time frame, you will likely be barred from doing so.

There are some exceptions to this rule, however. For example, if the person who owns the property where you fell knew about the dangerous condition that caused your fall but did nothing to fix it or warn you about it, you may have longer to file your lawsuit. Additionally, if you were injured as a result of a defective product, you may have longer to file a product liability lawsuit against the manufacturer.

The duration of a slip and fall case can vary significantly based on various factors, including the complexity of the case, the severity of injuries, the willingness of the parties to negotiate, and the court’s schedule. While some slip and fall cases may be resolved relatively quickly, others can take several months or even years to reach a settlement or go to trial. Here are some key factors that can influence the timeline of a slip-and-fall case:

1. Severity of Injuries: The extent of the injuries sustained in the slip and fall accident can significantly impact the case’s duration. Cases involving severe injuries may require extensive medical treatment and time for the victim to reach maximum medical improvement, which can prolong the settlement process.

2. Liability Disputes: If there are disputes about who is responsible for the slip and fall accident, it may take longer to resolve the case. Establishing liability may involve investigating the incident, gathering evidence, and potentially deposing witnesses.

3. Insurance Company Response: Negotiating with insurance companies is a common part of personal injury cases, including slip and fall accidents. The responsiveness and cooperation of the insurance company can affect the speed of the settlement process.

4. Attempts at Settlement: Before resorting to a trial, parties involved in a slip and fall case may attempt to settle the matter through negotiations. The willingness of both sides to reach a fair settlement can impact how long it takes to resolve the case.

If you’ve been in a slip-and-fall accident in California, it’s crucial to take certain steps to protect your rights. Firstly, seek immediate medical attention for any injuries. Then, report the incident to the property owner or manager and gather evidence, such as photos, witness information, and incident reports. Finally, consult with a skilled California personal injury attorney at Razavi Law Group to discuss your case and explore your legal options.

The cost of hiring a slip-and-fall lawyer in California can vary depending on several factors, including the attorney’s experience, reputation, the complexity of the case, and the fee structure they use. Most slip-and-fall attorneys work on a contingency basis and will not collect a fee unless a claim is won.