Slip and fall accidents happen all the time, but under the right conditions, they can leave someone with major injuries, and they can even be deadly. If someone has a prior health condition or is older, a fall can be especially catastrophic. If someone’s negligent actions caused you or a loved one to fall, it’s important to understand California slip and fall laws.

Mike McLachlan at McLachlan Law, APC, shares some information about relevant slip and fall laws in California that could impact your recovery claim.

California Slip And Fall Laws

If someone falls on someone else’s property due to a dangerous condition, they may be entitled to financial recovery under California law. Property owners owe visitors a duty to keep their properties reasonably safe.

Under California Civil Code 1714, if a property owner fails to meet their legal responsibility, they can be liable under the personal injury theory of premises liability. If someone was hurt because of the property owner’s negligence or reckless actions, the injured victim can file a claim for compensation.

Statute of Limitations

There is a deadline to file a claim in California, called a statute of limitations. In general, you have two years after the accident date to file a claim. While there are a few exceptions to this rule, it’s important to begin working on your claim quickly.

In the Golden State, an accident victim must prove the property owner or manager was negligent in order to recover for their losses after a slip and fall. They have to prove the owner failed to exercise reasonable care because they didn’t keep their property hazard-free or they didn’t warn you of any known dangerous conditions.

For a civil case like a slip and fall, the burden of proof is beyond a reasonable doubt, which means proving negligence and that negligent actions directly caused someone’s injuries. Evidence can help support your negligent claim and boost the value of your claim.

Slip and Fall Data

The Centers for Disease Prevention and Control (CDC) reported 44,630 unintentional fall deaths between 2108 and 2023. For our country, this is a rate of 14 deaths per 100,000 people. Also, the Occupational Safety and Health Administration (OSHA) reports slips, trips, and falls account for the majority of workplace accidents, which total 15% of all accidental U.S. deaths.

In California specifically, the U.S. Bureau of Labor Statistics reported 439 workers killed in 2023 alone, with approximately 18% of work-related fatalities involving falls, slips, and trips. These accidents often happen to construction workers, and 34 of 78 total California fatalities involved fall, slip, and trip incidents.

Although this data shows a concerning number of accidents, slip and fall accidents are often easily preventable. However, if you are a victim of an avoidable accident, a California attorney can help make a positive difference when pursuing financial recovery.

Contact an Attorney

With these serious injuries, you can take legal action if someone else caused your accident. If you need help, contact a trusted slip and fall attorney to hold responsible parties accountable.

Don’t try to handle an injury claim alone. Instead, consult an attorney who can provide reliable legal assistance. If you were hurt recently in a slip and fall incident, call an experienced attorney to discuss your next steps and legal options.

FAQs

Q: Can a Slip and Fall Attorney Help Maximize a Settlement?

A: Yes, a slip-and-fall attorney can help you maximize a settlement. An attorney can help investigate your case and make sure it’s as solid as possible. They can calculate your damages and ensure it includes all possible accident-related damages. An attorney can help negotiate with insurance companies to fight for the full amount you deserve and tailor their advice to your case.

Q: What Steps Should I Take After a Slip and Fall?

A: Right away, it’s important to take proactive steps to help increase your slip and fall injury value. You can take videos and pictures of the accident scene, including anything you believe caused your injuries.

Get medical attention right away, and make sure to follow your doctor’s orders carefully and completely. A delay in medical treatment can have a negative impact on your accident case.

Consider speaking with an experienced personal injury attorney about your case.

Q: What Happens if I Have Contributed to My Own Slip and Fall Injury?

A: If you are even partially at fault for your accident, you can still file a damages recovery claim. California follows the legal theory of comparative negligence, which means an attorney can argue over what really caused the accident, and that percentage is subtracted from a final settlement or jury award.

Even if you’re at fault for your accident, it’s important to understand you can still recover damages.

Q: How Long Do Most Slip and Fall Claims Take to Get a Settlement Offer?

A: Each slip and fall accident is different, and your settlement timetable depends on several factors. Many cases settle quickly if they’re straightforward, but more complex cases with serious injuries can take longer. Delays can prolong settlement, including insurance company tactics or the investigation phase of your case.

It’s often beneficial to be patient, as your attorney may have a valid strategic reason for your case’s time frame. Often, having an attorney ensures your case doesn’t stall.

Contact McLachlan Law, APC – A Trusted Slip and Fall Attorney

Slip and fall accidents can leave you with substantial medical bills and losses. At McLachlan Law, APC, we know how to build a solid slip-and-fall case. If you were hurt due to someone else’s property, we can help advocate for your fair damages from an insurance company.

With over twenty-five years of experience in the legal field, Mike McLachlan can help significantly improve your chances of receiving the compensation you deserve for your accident recovery. Our office can handle the legal part of your claim while you focus on your recovery.

We can discover all possible methods of recovering financially to improve your quality of life and get you back on track after a preventable accident. Contact us as soon as possible after a slip and fall accident to evaluate your claim and talk about your recovery.