California Civil Jury Instructions (“CACI”) Jury Instruction No. 1001 states as follows:
“A person who owns/leases/occupies/controls property is negligent if he or she fails to use reasonable care to keep the property in a reasonably safe condition.”
“A person who owns/leases/occupies/controls property must use reasonable care to discover any unsafe conditions and to repair, replace, or give adequate warning of anything that could be reasonably expected to harm others.”
This places a duty on landlords to inspect and warn of dangerous condition(s) on their property such as wet floors, uneven surfaces, etc.
“The obviousness of a condition does not necessarily excuse the potential duty of a landowner, not simply to warn of the condition but to rectify it. The modern and controlling law on this subject is that “although the obviousness of a danger may obviate the duty to warn of its existence, if it is foreseeable that the danger may cause injury despite that fact that it is obvious (e.g., when necessity requires persons to encounter it), there may be a duty to remedy the danger, and the breach of that duty may in turn form the basis for liability….” (Martinez v. Chippewa Enterprises, Inc. (2004) 121 Cal. App. 4th 1179.)
Even if you believe a landlord may not be liable, it is in your interest to speak to one of our attorneys as soon as possible.
Our slip and fall injury lawyers at LA Century Law have a deep understanding of the laws regarding slip and falls and trip and falls in California. We act on behalf of individuals to make a claim against an entity or property owner where an injury has occurred and to obtain maximum compensation for your injuries.
We are taking new cases. If you have been hurt in a slip and fall accident, contact us for a complimentary case evaluation.
Lawyers for Slip and Falls in California
At LA Century Law, we see our law firm as family. Our clients are an extension of our family. We’re proud of our success. Come meet the firm that has recovered millions of dollars in settlements and judgments on behalf of our clients.
ABOUT LA CENTURY LAW
- A law firm dedicated to individual representation, including slip and fall cases
- Trial experience – Whether you want to take your case to trial or negotiate a favorable settlement, we have the training and skills to meet your needs
- Personalized legal strategy for each case – You’re more than just a case. We represent you, your rights, and your interests
- Our success has been recognized by organizations including Lawyers of Distinction, Super Lawyers, and the International Advisory Experts Award for Personal Injury
- Free case evaluations and representation with no cost to you unless we win
Our history of success reflects the service we provide our clients. Contact us today to talk about your slip and fall case.
What is a slip and fall accident?
A slip and fall accident occurs when a victim is hurt because of a dangerous condition on the property. The victim may have a right to claim financial compensation from the party responsible for the danger that caused the accident. The victim may be represented by a lawyer.
What should you do following a slip or fall injury in Los Angeles?
Step 1: Evaluate your body for pain and injuries. If there are signs of injury, seek medical attention. Take photographs of any visible injuries.
Step 2: Take photographs of the area that caused you to slip and fall. Note the time and location of the fall for your records.
Step 3: If the fall occurred at a store, request that the manager complete an incident report.
Step 4: Look for witnesses. If anyone saw the slip or fall, request their name and phone number.
Step 5: Call our office for a free consultation.
Who may be responsible for a slip and fall accident?
Determining who is responsible for a slip and fall accident starts with determining who was in charge of the property at the time of the fall. Any of the following may be responsible:
- Owner
- Party to a lease (Leasee)
- Short-term renter
- Occupant
- The person controlling the property
A person or party can be in control of a premise for only a short period of time. Any party exerting control over the property may have legal liability.
How can a slip and fall lawyer help me?
A slip and fall lawyer can help you with the many important tasks necessary to get the compensation you deserve. They investigate legal fault and what your case may be worth. Then, they pursue your claim by filing a lawsuit in Superior or Federal Court.
Along the way, they offer guidance on how to achieve the best possible result. A slip and fall lawyer is your complete guide and advocate. Our goal is to provide the representation you need so that you can focus on recovering from your injuries. Once you have completed treatment, we will make a demand from the responsible party for full compensation for your injuries. If the responsible party fails to place a proper value on your injuries, we will file a lawsuit without delay. This is one of the many reasons having the proper representation is so vital to the success of your claim.
Slip and Fall Compensation
What qualifies as slip and fall in California?
A slip and fall occurs when the following elements are present:
- Hazardous condition existing on the premises
- The party controlling the property knew or should have known about the condition
- They do not repair, protect against or warn about the condition
- An accident occurs – The victim is injured
- Negligence is a substantial factor in causing the accident to occur
There are other issues that would qualify as a “dangerous condition”. If you have been injured while on the property of another, contact us now for a free consultation.
California uses one legal standard – negligence. A party must use reasonable care to keep their property free of dangers that can hurt others. If they do not use reasonable care, they are negligent and legally liable for any slip and fall accidents.
WHAT ABOUT TRESPASSERS, SOCIAL GUESTS, AND INVITEES?
Unlike many states, California doesn’t create different legal standards for trespassers, social guests, and invitees. It doesn’t matter why the person was on the property. The question is whether the property owner used reasonable care, given all the circumstances, to protect against harm.
What are some types of slip and fall accidents?
Slip and fall accidents occur in many ways, including:
- Substances on the floor, like a water spill
- Items left in a walkway
- Debris
- Uneven flooring
- Broken railings and protective barriers
- No handrails
- Slippery surfaces
- Falling from an elevated surface
- Poor lighting
- Too many objects in an area
- Overcrowding
- Exposed wiring or shark objects
While most people think of a spill on the floor, that is only one type of slip and fall accident. There are many ways that a person may be hurt that may qualify for monetary compensation.
How much do you get for a slip and fall?
For a slip and fall, you get the total of your economic losses, like bills and expenses, plus compensation for pain and suffering. You may claim:
- Emergency room and urgent care expenses
- Medical testing, examination, surgery, and procedures
- Medication, mobility apparatus, and needed home modifications
- Lost income in the short term, and lost career in the long term
- Damaged property
- Pain and suffering
- Mental and emotional injury and anguish
- Disability, disfigurement, and permanent loss
- Wrongful death compensation
Is there a limit to what you can receive for a slip and fall accident in California?
California law does not limit compensation for a slip and fall accident. Economic and non-economic damages are available. Punitive damages are possible, but they are rarely awarded. Our lawyers can give you a personalized evaluation of the potential value of your case.
What if the property owner is a family member?
A slip and fall accident can happen anywhere. If a family member is involved, a victim may be hesitant to seek financial compensation. However, there may be a homeowner’s or business insurance policy available to pay damages. The defendant may not even be aware of having this coverage. Our lawyers can help you evaluate the options and the best way to proceed.
Taking New Cases – Complimentary Consultation
At LA Century Law, we focus on helping people exercise their legal rights. Our lawyers for slip and fall accidents are taking new cases, and we offer representation with no fee unless you win. If you have been hurt because of a dangerous condition on a property, we want you to receive the compensation that you deserve.
Have you been hurt in a slip and fall? Come see what you might receive in compensation.
You only have a limited time to make your claim, so call us today.
